Notarizing Wills and Trusts in Texas: What You Need to Know

If you’re planning your estate, you might wonder whether a Texas notary public can help with notarizing your will or trust. Understanding the role of a notary in these important legal documents is essential to ensure your estate planning is valid and legally enforceable

The Role of a Texas Notary Public

In Texas, a notary public’s primary responsibility is to verify identities, witness signatures, and administer oaths. Notaries do not provide legal advice, draft documents, or determine the legality of your estate planning documents. Their role is strictly to ensure that the signatures on a document are authentic and voluntary.

Notarizing Wills in Texas

Wills in Texas generally require witnesses, not just notarization. However, notarization can be an important part of a self-proving will.

• A self-proving will allows the probate court to accept the will without having to contact witnesses later.

• To create a self-proving will, the testator (person making the will) and witnesses sign a self-proving affidavit in front of a notary.

• The notary then completes the acknowledgment section, verifying identities and signatures.

This process helps simplify probate and ensures that the will can be accepted quickly and efficiently.

Notarizing Trusts in Texas

Trust documents, including revocable and irrevocable trusts, can be notarized by a Texas notary public. The notary’s role is to:

• Confirm the identity of the person signing the trust

• Witness the signing of the document

• Complete the notarization certificate

It’s important to note that notarization does not validate the trust itself—it only ensures the signatures are authentic and voluntary.

Tips for a Smooth Notarization

1. Always bring valid photo ID for all signers.

2. All signers must appear in person before the notary.

3. Do not sign documents in advance; the notary must witness the signing.

4. A notary cannot provide legal advice, so consult an attorney if you have questions about wills or trusts.

A Texas notary public plays a crucial role in notarizing self-proving wills and trust documents, helping ensure your estate planning is executed smoothly and legally. By understanding what a notary can and cannot do, you can avoid mistakes and simplify the process for you and your loved ones. If you're ready to notarize your will or trust contact us at 7Completion Notary!