Posted by Signaway on 6/13/06 2:22pm
Msg #125630

Advice on Wills for California.

Hi there,
I’m in California, I have a last will and a companion one page "self proving" document to notarize on Thursday. My question is when notarizing a Will are certain questions you should ask the client?

Thank you

Reply by Maggiemae_CA on 6/13/06 2:39pm
Msg #125636

My understanding is that a notary cannot notarize a Will in the State of California unless an attorney is present. I have served as a witness on CA Wills, but I've never notarized one. I suggest that you check with someone like Kelly Robertson who teaches CA notary classes and double check.

Reply by Signaway on 6/13/06 2:42pm
Msg #125637

Thank you Maggiemae

Reply by DellaCa on 6/13/06 2:54pm
Msg #125642

I was taught to always tell them it is a wise idea to have they att involved . If after you advice them of this and they still want you to notorize then I will do so.

Reply by Joe Ewing on 6/13/06 3:26pm
Msg #125650

SELF-PROVING WILL - A will having an attached affidavit signed by a notary public that shows the will was properly signed and witnessed and that it is the will of the person who signed it. Many states accept such wills in order to avoid the cumbersome process of requiring an executor to track down the witnesses.

Remember Notaries can't notarize their own signatures.

Reply by Signaway on 6/13/06 4:15pm
Msg #125669

Thank You Joe for giving me the defination. I believe that’s why they contacted me to sign this affidavit. So, no I won't be notarizing my own signatures. I know there has to be a witness present.

Reply by DellaCa on 6/13/06 4:26pm
Msg #125670

The will I have for myself and the instructions are it may be notarized or witnessed but does not need both,if someone calls me I will notarize if asked to do so but can not be a witness if they want witness also.

Reply by Signaway on 6/13/06 4:36pm
Msg #125672

O. K. thats good advice. Thanks.