I found this article interesting “Can I notarize a last will and testament prepared 17 years ago?”. I have talked with an individual that is knowledgeable about trusts. Also, I have spoken with an attorney that works for an life insurance carrier. Both had mentioned that trust and other estate documents should be reviewed every five years. I understand that we cannot advise or counsel signers on this important matters. But I agree with one aspect in this article on recommending that a signer to seek out legal guidance, regarding their important documents. Can I notarize a last will and testament prepared 17 years ago? | NNA
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When it comes to Estate matters I ask the law firm to send me the documents directly to me with the name a Bar Card number on the package. I’ve explained that this step is to reduce the risk of fraud. All of my Law firms have adopted this as SOP.
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Hello Riverpointe ~ I am seeing more home made POAs, Wills, etc. being created from online legal format forms without an attorney being involved. Probably not the best method but a lot of people are poor and can’t afford an attorney. Especially saw a lot of these docs during severe COVID time. In WA agreements are still legal as long as signed, dated, and notarized by all involved.
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I see more middle income earners seeking online provided documents. Even insurance companies are providing various online services for POA, simple wills, and living Directives to their policyholders.
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In Texas the State Bar has volunteer lawyers and lawyer students (under supervision of a licensed lawyer) help indigent citizens prepare estate plans and wills.In Texas self-prepared wills and estate plans must be hand written and notarized. A printed will isn’t recognized…or at least this is the way things were years ago.
I’m see problems when someone passes and the off-the-shelf will is challenged. Things get messy real fast.
While you may be correct, it will most likely be messy for the family members and not the notary. We are not responsible for document content, only that the person(s) appearing before us has presented valid and government accepted ID, that has been verified by us according to our states’ guidelines and notarial standards. We may be summoned to present evidence that we have done our due diligence of the same, but if we have crossed all our “t’s” and dotted all our “i’s” how are we otherwise implicated?
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I agree! I was about to say the same thing 
Absolutely agree with you. I’ve sat in probate court listening to family members infighting after I testified as to my notarial activities. I had young attorney threaten to sue me for not proofreading his work. I replied for him to get back to me when he’s ready.
What an odd article. I, myself, notarize SIGNATURES, so the date of the document doesn’t concern me. Making sure that there aren’t any blank spaces in said document would be a concern, however.
Sue you for not proofreading HIS WORK? Wow, that’s rich! It’s always an eye-opener to discover what others think we notaries public are responsible for. Crazy.
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In 25 + years as a California comissioned notary I’ve witnessed a lot of wills, but I have yet to notarize one. On occasion I have notarized the signatures of the witnesses. What am I missing here? Tell me, am I passing up on some extra fees?
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