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From Wills to Trusts: What Notaries Actually Need to Know About Estate Planning

Jul 8

3 min read

Let’s be real.. most people still think notaries just stamp papers and move on. But when it comes to estate planning? Notaries are lowkey the glue holding the whole process together.

From Wills to Trusts: What Notaries Actually Need to Know About Estate Planning
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You’re not just there to witness signatures. You’re there to make sure someone’s legal wishes are protected, for real. Especially when those wishes involve money, property, healthcare decisions, or passing things down to loved ones.


Here’s what every notary needs to know (and do) to handle estate planning work with confidence.


1. Estate Planning = More Than Just a Will


Estate planning isn’t just about who gets what. It’s about preparing for life’s “what-ifs”. This includes incapacity, unexpected illness, or making sure the probate court doesn’t take over everything.


You’ll likely come across documents like:

  • Last Will and Testament

  • Living Trusts (revocable or irrevocable)

  • Durable Power of Attorney (DPOA)

  • Advance Medical Directives

Each document plays a different role, but they all need to be executed properly and that’s where you come in.


2. Notarizing Wills (Yes, Sometimes)


Most Wills don’t need to be notarized to be valid. But here’s the catch: many clients want to add a self-proving affidavit so that witnesses don’t have to testify in court. That affidavit? Needs to be notarized.


So while you’re not notarizing the Will itself, you’re notarizing the piece that makes probate smoother. You’ll need to:

  • Verify everyone’s identity

  • Watch the exact signing order

  • Make sure nobody’s being pressured

One missed step could cause the will to be challenged and you don’t want to be part of that mess.


3. Trusts Are on the Rise, Know What to Look For


Living trusts are a big deal right now, especially for people trying to skip probate and keep things private.


You might see:

  • Revocable Living Trusts – flexible, can be changed

  • Irrevocable Trusts – more locked in, used for asset protection

  • Testamentary Trusts – created through a will

Sometimes you’ll notarize the trust itself, and other times it’s just a Certification of Trust (a short summary). Either way, know what you’re stamping and make sure it meets your state’s legal requirements.


4. DPOAs & Advance Directives Matter More Than People Realize


Durable Power of Attorney and healthcare directives can affect someone’s finances or medical care, so yeah, they’re a big deal.


Notaries need to be extra cautious here. Confirm the signer:

  • Understands what they’re signing

  • Isn’t being influenced or manipulated

  • Signs all required parts (especially initial boxes!)

Some banks and hospitals won’t accept these forms if they’re missing even one detail.


5. Capacity and Willingness Come First


If something feels off, pause. You have the right, and responsibility, to stop the notarization if the signer seems confused, intoxicated, or under pressure.


Ask simple questions. Check their awareness. Because if something goes wrong? It could land back on you.


6. Know Your Jurisdiction Laws and Stay Up to Date


Estate documents are not a one-size-fits-all thing.


Some places require extra witnesses for medical forms. Others have special wording for property in a trust. And with Remote Online Notarization (RON) becoming more common, the rules are still evolving.


Keep your notary handbook close, and if you don’t know something, look it up before proceeding.


Final Thought: Estate Work Can Be Your Niche


When you understand the estate planning process, you become more than just “the notary.” You become someone families trust. Lawyers refer to you. Clients call you first.


You can even add services like:


 ✅ Mobile signings for elderly clients


 ✅ After-hours availability


 ✅ Scanbacks or courier drop-offs


These little things set you apart and boost your income.


Ready to Be That Notary?


If you want to feel confident handling estate docs, attract better clients, and build a business you can be proud of, The Notary Business Blueprint® is where to start.


Inside TNBB, you'll get:


✔️ Step-by-step training on how to notarize wills, trusts, and POAs properly


✔️ Business strategies to grow sustainably


✔️ Ongoing support and mentorship so you're never figuring it out alone


👉 Join us now and unlock your full potential as a notary.


Visit www.thenotaryblueprint.com/tnbb to get started.




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