25 Wills and Trusts Notary Tips | Expert Guide 2026

Cross-reference the signer's photo, signature, and physical description on their driver's license with the person present. Ensure the ID is unexpired and authentic.

Scan the document pages to confirm all sections meant for text are filled in. If a section is intentionally left blank, it should be marked as 'N/A' by the signer.

In a state requiring two witnesses for a will, ensure those witnesses are present, are not beneficiaries, and sign the document before or concurrently with the notarization of a self-proving affidavit

If a signer asks, 'Does this clause mean my assets go to my children?' politely explain, 'I am a notary public and cannot provide legal advice.

If a signer appears disoriented, confused about the document's purpose, or seems pressured by another party, politely decline to notarize and explain your duty to ensure willing and aware signers.

Include the date, time, type of document (e.g., 'Last Will and Testament'), type of notarial act, signer's name, ID type, fee charged, and a thumbprint if required by your state.

Ask the signer, 'Have you reviewed this document and are you ready to sign?' before proceeding with the notarial act. Allow them time to confirm.

Double-check that the testator has signed, and if a self-proving affidavit is being notarized, that all witnesses have signed the affidavit section as well.

If you are commissioned in California, you cannot notarize a document for a signer located in Arizona, even if the document pertains to California law, unless using compliant RON across state lines.

If your state limits notarial acts to $10 per signature, ensure you do not charge more than that for the act itself, though a separate, agreed-upon travel fee is usually permissible.

Avoid expressing opinions on the document's content, the family's dynamics, or the signer's decisions. Focus solely on the notarial duties.

Carry a portable notary bag with all necessary supplies, including a proper stamp, journal, pen, and a portable signing surface, ensuring a professional setup anywhere.

When a client calls to schedule, remind them, 'Please bring your will or trust document completely unsigned. You will sign it in my presence.'

Some states might require specific audio-visual recording retention periods or prohibit the use of RON for a 'last will and testament' while permitting it for other estate documents.

If the signer can clearly articulate who they are, what document they are signing, and its general purpose, it indicates they possess testamentary capacity for the notarial act.

Store your notary supplies in a locked safe or secure cabinet when not in use, and keep them on your person or in sight during a mobile appointment.

Flip through the document to ensure page numbers are sequential and no pages appear to be missing or duplicated before applying your seal.

Double-check that the state and county are correct, the date matches the day of notarization, and the signer's name in the certificate matches their ID.

Avoid discussing the contents of the document with anyone other than the signer, and ensure no unauthorized persons can view the document during the process.

If a family member is aggressively dictating what the signer should do or sign, or if the signer appears visibly distressed or coerced, politely withdraw from the notarization.

Check your Secretary of State's website or official notary handbooks for any explicit exclusions, special requirements, or recent legislative updates concerning RON for estate documents.

Before applying the seal, check for ink levels and cleanliness. Practice on scrap paper if needed to ensure a perfect, unsmudged impression on the official document.

Start by saying, 'My role as a notary is to verify your identity and witness your signature. I cannot provide legal advice or explain the document's contents.'

If the signer is swearing to the truthfulness of the contents (e.g., a self-proving affidavit), a jurat is appropriate. If they are simply acknowledging their signature, an acknowledgment is used.

If a will requires two witnesses and your state allows the notary to be one, ensure there is still another independent witness present. Document this clearly in your journal.