Posted by Jess/CT on 6/8/09 2:23pm
Msg #291581

Price for notarizing wills

Just asking for a general price that you would charge for wills. There does not seem to be any recommendations for price points (that I can find anyway) for different types of notary services in CT.

I quoted someone and felt that I was asking for less than others by her response. I don't want to do that again.

Reply by Cari on 6/8/09 2:45pm
Msg #291586

check your p/m.... n/m

Reply by MikeC/NY on 6/8/09 3:17pm
Msg #291592

Are you sure you can notarize a will in your state? It's not allowed in a number of states.

Reply by Jess/CT on 6/8/09 3:27pm
Msg #291594

Yes, a notary can notarize wills in CT.

Reply by Roger_OH on 6/8/09 3:33pm
Msg #291595

Then just treat it as you would any other document. Charge your state-allowed fee for the notarization, add in your travel fees (whatever's permitted in CT), and give them that quote.

It's your business - you decide what you can afford to charge.

Reply by MsM/CT on 6/8/09 3:33pm
Msg #291596

Doesn't matter what the document is.
The fee you can charge for any notary act is $5.
It is in the state manual.

Reply by Jess/CT on 6/8/09 3:39pm
Msg #291597

Thanks all!

Reply by Gary_CA on 6/8/09 4:05pm
Msg #291599

$950

Our CA handbook clearly discourages us from notarizing wills unless prepared by an attorney (most of whom have notaries).

So, I've only been asked once, but I don't do 'em.

Reply by LKT/CA on 6/8/09 5:21pm
Msg #291608

Re: $950

I love doing wills/trusts recommended by an attorney - usually it's will/trust/healthcare directive in a big binder......$200 on the spot as there are at least 10 notarizations - 2 people signing...I don't charge a travel fee after 10 notarizations in the same transaction and within 25 miles (actually, I'm willing to travel somewhat beyond the 25 miles for no extra charge).

Reply by Cari on 6/9/09 9:43am
Msg #291654

WOW LKT/CA...I thought I charged too much...

apparently I may be charging too little....something to think about

Reply by Christopher Rogers on 2/17/11 12:41pm
Msg #373147

Re: $950

Does anyone know what the going rATE TO NOTARIZE A WILL IN nj? I was contacted by an attorney to do a will

Reply by Marian_in_CA on 6/8/09 10:33pm
Msg #291638

Actually, Gary... it doesn't say that anymore....

There is no mention of wills at all in the current handbook, nor last year's handbook either.

There used to be quote from the CA state bar about it included in the handbook, but I can't even find that information on the state bar's website, much less in any current notary literature.

Reply by GF_CA on 6/9/09 12:34am
Msg #291640

Re: Actually, Gary... it doesn't say that anymore....

I contacted SOS a few months ago, and I was told that I can notarize a will if attorney or if the maker of the will tell me to do so.

Reply by JanetK_CA on 6/9/09 2:14am
Msg #291641

Re: Actually, Gary... it doesn't say that anymore....

Most of the attorney-prepared wills I've seen (also usually as part of an entire estate plan) do not have the wills notarized - just witnessed. That may have been the reasoning behind the previous mention. Also, probably to discourage the do-it-yourselfers and to encourage people to have their wills at least reviewed by an attorney, for their own best interests.

Reply by BobbiCT on 6/9/09 7:02am
Msg #291644

CT Maximum fee for notarizing any document, wills included .

The maximum fee under current laws is $5 "per notarization" and, if agreed to in advance, 35 cents per mile. It's in the state handbook. This year's legislation to increase the mileage fee failed in committee. Since your notarial certificate willl probably be drafted for the testator and two witnesses, that is $15 plus 35 cents per mile.

Because the future liability to the notary is so high and the financial harm to the family is immeasurable, the CT Secretary of State recommends that notaries outside a law firm environment not do these. With your experience and enough E&O, that shouldn't be a problem. The problem is - can you do enough of these at a profit margin you can afford?

Reply by PAW on 6/9/09 7:31am
Msg #291646

Re: CT Maximum fee for notarizing any document, wills included .

I'm somewhat at a loss at your statement, "Because the future liability to the notary is so high..."

At least here in FL, the notary's liability is extremely limited to proper identification of the parties, i.e., testator and witnesses, and their willingness to participate. I guess the issue of capability of the testator could arise, but the attorneys that I work with on estate documents say that the ability to prove the notary's inability to determine cognizance is extremely difficult, except in the most obvious of cases. A will requires two witnesses and a notary. Each witness must be in the presence of each other, the notary and the testator at the time the time that the testator signs the will, the notary acknowledges it and the other witness signs the document. Unless the witnesses are personally known to the notary they need to provide identification such as a Florida Drivers license.

Reply by BobbiCT on 6/9/09 9:44am
Msg #291656

Inheritance laws in CT

"Future liability": The battles don't start until after the person dies and the estate goes to probate, which can be one, five, ten or many years later. The notary will be pulled as a "witness" and "notary" to the "formal execution" and certainly doesn't want to be found even partially liable. Ten years later, it's often easier to find the notary than the witnesses. The notary will be questioned re signer's capacity, particularly in a hospital or hospice environment, will contest, multiple or missing originals. The notary was "a witness" to what happened at that time and "who said what" ... which may be in conflict with the other witnesses memories. Just the lose of time [income] and the stress factor from depositions and hearings when you're involved in this may not be worth the $15 and 35 cents per mile.

CT notaries have No Education in notarial laws or will execution. Our Secretary of States are not "mean" for stating "If a notary is uncertain ... in connection with a will ... A notary public is not trained or authorized to assist persons in the execution of a will." Without going into what our probate litigation attorneys handle, if the Will is found "not valid" and let's say because it was not executed properly, the entire estate plan can go down the toilet. Because there is NO training and no education other than in law or paralegal classes on how a will is "formally executed" in CT, the notary is more at risk for an "improper" notarization. The division of assets is by statute, not the way the decedent intended - a surviving spouse may lose a lot, both in inheritence and higher tax liaiblity. Particularly important if there are children (adult and minor or disinherited), a spouse and living parents.

I am NOT saying not to do it, just be very careful and document what you did and the circumstances surrounding the formal execution .... keep your records and the written execution instructions from the attorney who drafted the will a long time. Almost every legal secretary, legal assistant, paralegal and every attorney in CT is a notary, so there is a wealth of notaries experienced with will, living will and health care directives to draw from.

Reply by Jess/CT on 6/9/09 12:51pm
Msg #291695

Re: Inheritance laws in CT

Thanks for the clarification! This is very helpful.