Estate Planning Notary Checklist

This checklist helps you prepare for your estate planning notarization (e.g., Will, Power of Attorney, Advance Health Care Directive) and explains what to expect during the appointment.

What You Need to Bring

• Valid government-issued photo ID
  (Driver’s license, state ID, or passport  must be current or within allowed limits)

• Original estate planning documents
  (Do not sign anything in advance)

• Any required witnesses (if instructed by your attorney)

  • Witnesses must be adults (18+)

  • Witnesses must be mentally competent

  • Witnesses should not be named in the documents

• Reading glasses (if needed)

• All parties who need to sign must be present

Before the Appointment

• Review your documents with your attorney ahead of time

• Confirm whether witnesses are required

• Ensure names on your ID match the documents

• Have a clean, quiet space with a table for signing (for mobile signings)

What to Expect During the Notarization

• The notary will:

  • Verify each signer’s identity using valid ID

  • Confirm willingness and awareness (no pressure or confusion)

  • Ensure documents are signed in the notary’s presence

  • Administer oaths or acknowledgments as required

• The notary cannot:

  • Give legal advice

  • Explain or interpret documents

  • Tell you what you should sign

Common Estate Planning Documents Notarized

• Last Will and Testament

• Power of Attorney (Financial)

• Advance Health Care Directive / Living Will

• Property Deeds (if applicable)

• Trust-related signature pages (not the trust creation itself)

Why Are Witnesses Required in California?

In California, certain estate planning documents require one or more witnesses in addition to notarization to ensure the signing is valid and legally enforceable.

Witnesses provide an extra layer of protection by confirming that:

• The signer is the correct person

• The signer is signing voluntarily and without pressure

• The signer appears mentally aware and competent at the time of signing

This helps prevent fraud, undue influence, or future disputes and strengthens the document if it is ever challenged in court.

California Witness Requirements (General Guidelines)

• Must be 18 years or older

• Must be mentally competent

• Should not be named in the documents or benefit from them

• Must be physically present at the time of signing

• In some cases, witnesses must observe each other sign

Your attorney will advise whether witnesses are required and how many are needed, as requirements vary by document type under California law.

If a Mistake Is Made on the Document

Mistakes can occasionally happen during a signing. What matters most is how they are handled.

• Do not alter or white-out notarized documents

• If a signer makes a mistake, the notary will stop and advise whether the document can be corrected or must be reprinted

• Any corrections must be done before notarization and in accordance with California notary law

What If the Notary Makes a Mistake?

If a California notary makes an error (such as a missing seal, incorrect certificate, or journal issue), the notary will take immediate steps to correct it. This may include:

• Correcting the notarial certificate properly

• Re-notarizing the document if required

• Coordinating with the signing party or attorney to ensure compliance

What If the Document Cannot Be Reprinted?

If reprinting is not possible, the notary will explain the available options, which may include attaching a correct California notarial certificate or rescheduling the notarization if required by law.

California notaries are required to follow strict legal standards, and accuracy is taken seriously to protect all parties involved.

Frequently Asked Questions (FAQ)

Can a California notary also act as a witness?
In California, a notary public should not act as a witness for a document they are notarizing. A notary must remain an impartial public official, and serving as both can create a conflict of interest.

Can a family member be a witness in California?
California law allows family members to act as witnesses in some situations, but they should not be named in the documents or benefit from them. Attorneys often recommend neutral third-party witnesses to avoid future challenges.

How many witnesses are required in California?
This depends on the document. For example, a California will generally requires two witnesses, while other estate planning documents may require none or one. Your attorney will confirm what applies to your documents.

Do witnesses need to bring ID in California?
Witnesses are not usually required to present ID to the notary, but they should have valid identification available if requested by the attorney or institution.

Do witnesses need to stay for the entire appointment?
Yes. Witnesses must be present during the signing of the documents they are witnessing and may need to observe each other sign.

What if I don’t have witnesses?
Please check with your attorney in advance. Some California notaries may be able to help arrange witnesses with prior notice, depending on availability.

After the Appointment

• You will receive your signed original documents

• Store originals in a safe place as advised by your attorney

• Follow your attorney’s instructions for next steps