Estate Planning Awareness Month: What to Know Before Signing

If you're getting ready to sign your estate planning documents, you may be wondering what you need to have ready, who needs to be there, and what the notary will need from you.

October is Estate Planning Awareness Month, which makes it a good time to talk about a part of estate planning that often gets overlooked: the signing.

Creating an estate plan is an important step, but the process doesn't end when the paperwork is drafted. They still need to be signed and completed according to the requirements for each document.

If you've worked with an attorney to put your estate plan together, you may think the difficult part is behind you. Often, it is. But a little preparation can prevent problems when everyone is finally sitting down with the documents.

Notary Long Beach-Mobile Notary & Apostille has been providing mobile notary services for more than 25 years. I've worked closely with attorneys and their clients on estate planning signings—both with the attorney present and independently.

Over the years, I've learned that experience matters, but so does the way you work with people. Estate planning signings can involve important documents, several people, and sometimes a little uncertainty about what happens next. I take a calm, personal approach to make the experience easier.

Here are some of the things I recommend knowing before your signing.

Can I Sign Everything Before the Notary Arrives?

Not necessarily.

An estate planning package can contain quite a few documents, and they don't all necessarily have the same signing requirements.

Some signatures may need to be completed in front of a notary. Others may have different instructions. The attorney or document preparer should tell you how each document should be executed.

Don't assume that every signature in the package should be handled the same way.

If you're unsure about a particular signature, ask about it ahead of time. It's much easier to resolve a question beforehand than to discover during the signing that something was signed too early.

Do I Need Witnesses?

Maybe.

Witness requirements depend on the document and the circumstances. If witnesses are required, find out ahead of time who needs to be present and whether there are any restrictions on who can serve.

This becomes especially important when several family members or other people are involved. Coordinating everyone's schedules is difficult enough without discovering at the last minute that someone else needed to attend.

It's also important to understand that a notary and a witness are not necessarily serving the same role. Having a notary present does not automatically satisfy a separate witness requirement.

California requirements can differ from one document to another. For example, an advance health care directive may be notarized or, when the applicable requirements are met, signed by two qualified witnesses.

The instructions for your particular documents should determine how the signing is handled.

Are These the Final Documents?

Before the signing, make sure you're working with the final versions provided by your attorney or document preparer.

If something is incomplete, a name is incorrect, or you know that a document is still being revised, resolve that issue before scheduling the signing.

A California notary cannot notarize an incomplete instrument.

Catching a problem early is much easier than discovering it after everyone has gathered.

What Identification Should I Bring?

If your documents require notarization, you'll need to establish your identity with the notary using government issued identification or other satisfactory evidence permitted under California law.

Have your identification ready.

If you're unsure whether what you have will meet California's requirements, ask the notary about it ahead of time. This can be especially helpful when arranging a signing for an older family member or coordinating several people.

It's a small but important detail that's worth checking in advance.

What If I Don't Understand Something in My Estate Planning Documents?

Ask the person who prepared them before you sign.

If you're wondering what a provision means, why a particular person was named, what a document does, or whether something reflects your wishes, those are questions for your attorney or other document preparer.

A notary can explain the notarization process, but cannot interpret your legal documents or advise you about your estate plan.

I've worked closely with attorneys and their clients for many years, and I think it's important to understand where those roles begin and end: the attorney handles the legal side; I handle the notarization.

What Estate Planning Documents Might Need to Be Notarized?

There's no single notarization requirement that applies to every document in an estate plan.

Depending on your situation, your package might include:

• Revocable living trusts

• Powers of attorney

• Advance health care directives

• Certifications of trust

• Property related documents

• Affidavits and other supporting documents

Some may require notarization, while others may have different witnessing or execution requirements.

Rather than trying to determine the requirements from the document's name alone, check the instructions that came with your estate planning documents. They should tell you how each document is intended to be executed.

If you'd like to learn more about one of the documents that may be part of an estate planning package, you can also read my article about Certification of Trust documents.

What Happens During an Estate Planning Signing?

If you've never been through an estate planning signing before, you may wonder what actually happens once everyone sits down with the paperwork.

The exact process depends on the documents and the instructions for the signing. For documents requiring notarization, the notary will confirm the identity of the signer and perform the appropriate notarial act.

Signatures and dates are completed as required. If witnesses are needed, they participate according to the document's requirements. For the notarization, the signer will also sign the notary's journal and, when required, provide a thumbprint. The notary completes the required journal entry and notarial certificate and affixes the notary seal as required.

The notary isn't reviewing your estate plan to determine whether it accomplishes what you want. The notary's role is to properly perform the required notarial act.

It's important to have questions about the documents themselves answered before the signing begins.

Why Can Estate Planning Signings Involve So Many People?

An estate planning signing isn't always a simple appointment between one signer and a notary.

Depending on the circumstances, a signing may involve spouses, other family members, an attorney, witnesses, trustees, or other people identified in the signing instructions.

That can make scheduling more complicated than a typical notary appointment.

It's helpful to make sure everyone who needs to participate has been notified and knows when and where the signing will take place.

Why Use a Mobile Notary for an Estate Planning Signing?

An estate planning signing doesn't have to take place in an attorney's office.

A mobile notary can meet you at your home, office, or another location that works for you. This can be especially convenient when several people need to participate or when traveling to an office isn't practical.

The attorney's involvement can also vary.

Sometimes I meet with the attorney and client together, either at the attorney's office or at a location the client prefers. Other times, the attorney prepares the documents and sends me to the client's location to complete the signing and notarization on my own.

When the attorney isn't present, I follow the signing instructions provided and handle the required notarization. If a legal question comes up, the client can contact the attorney who prepared the documents.

For many people, the biggest benefit of a mobile notary is simply being able to complete the appointment where it works best for them.

Over the years, I've learned that estate planning signings can go smoothly when the documents and people involved are prepared. My aim is to make the experience as comfortable and straightforward as possible while making sure everyone understands my role in the process.

That's what I mean by experienced mobile notary services with a personal touch: handling the notarization properly while treating the people involved with patience, attention, and respect.

Before Your Signing: A Quick Checklist

A few simple checks before the appointment can help prevent unnecessary delays:

☐ I have the final versions of my documents.

☐ I know which documents require notarization.

☐ I know whether witnesses are required.

☐ I know who needs to be present.

☐ I have acceptable identification ready.

☐ I've asked my attorney or document preparer about anything I don't understand.

If this is your first appointment with a notary, my First-Time Notary Appointment Preparation Guide also covers practical things to have ready before the appointment.

The goal isn't to make the process overly complicated. It's simply to ensure the important details are settled before everyone sits down to sign.

Estate Planning Doesn't End When the Documents Are Drafted

Estate Planning Awareness Month is a good reminder that creating an estate plan is only part of the process. The documents also need to be properly executed according to their specific requirements.

If you've worked with an attorney to prepare your estate plan, take a few minutes to review the signing instructions and make sure you're ready for the appointment.

If something is unclear, it's easier to ask before the signing than during it. When everything is ready ahead of time, the signing can be the easy part

ABOUT THE AUTHOR

An estate planning signing often brings a whole family into one room, and some of them can be nervous or hesitant about what comes next. Kimberly D. McKendell has been the notary at those signings for more than 25 years as the owner of Notary Long Beach – Mobile Notary & Apostille.

Kimberly is a Certified Trust Delivery Agent and a mobile notary in Long Beach who regularly notarizes trusts, powers of attorney, and certifications of trust for attorneys and their clients. She comes to the home or office where the signing is being held and serves Long Beach, Southeast Los Angeles County, and North Orange County.

To schedule an estate planning notary appointment, call (562) 477-3166 or book online here.