MANISHA NANDA
2 Posts
(, CA)
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I have a client who wants to get their Estate Planning Docs notarized. The docs are prepared by their attorney. What form of notarization will it be Jurat or Acknowledgement. I've asked them to confirm from their attorney but wanted to know myself. Also in either case I need to notarize each page with their signatures(there are 20 pages).
Do I need to attach Jurat or Acknowledgement forms along with it? Are we supposed to attach one of these forms everytime we notarize a document?
Thanks in advance for help.
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Marian Harmon
273 Posts
(Lancaster, CA)
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1. You can't determine what kind of notarization will be performed. That's up to them or their attorney. You shouldn't even try to guess. What does it really matter, anyway? You should be prepared to handle either one of them.
Often, if documents are prepared by an attorney, the notarial certificate will be included in the paperwork for you. All you need to do is verify that the wording is correct (by CA standards). If not, you have several choices. One, you can add a loose certificate. Two, if there is room you can use a pre-made stamp that has the proper wording (if you have one). Three, you can write the certificate out by hand, if you have room. Most notaries just use a loose certificate, if they need to.
You do not always need to attach a loose certificate. Every document is different. But, you should carry them with you all the time. You never know when you'll need one.
I don't mean to be rude... but if you don't know this... you may not be ready to be notarizing anything just yet.
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MANISHA NANDA
2 Posts
(, CA)
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Thanks for the reply. I was merely looking for an opinion.
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Paul Williamson
103 Posts
(Inverness, FL)
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As Marian said, you cannot make the choice of which type of notarization is required. Only the document custodian (the one signing the instrument), the document originator (the one the drafted/created the document) or the document recipient (the one that will be receiving the signed and notarized document).
In my experience working with estate planners and estate attorneys, the document will contain the notarization certificate. Not all documents will require signatures to be notarized. Especially with estate planning documents, you need to pay special attention to Wills and Durable and Healthcare Power of Attorneys. (Please check to be sure you didn't misunderstand the directive about all signatures having to be notarized.)
Please note also that notaries notarize signatures, not documents. Ensure your notary certificates are CA compliant.
I also agree with Marian that if you are unfamiliar with notarizations, that you may want to defer this to a more experienced notary. Especially one that is very familiar with estate planning documents and procedures. These instruments are crucial and must be exact and properly executed. Otherwise there may be serious consequences down the road.
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Marian Harmon
273 Posts
(Lancaster, CA)
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An opinion on what kind of notarization you'll need? I'm sorry... but like I said, we shouldn't even really guess because it's outside of our job. The most you can do is be prepared for both... and know the difference between them so that you can explain to anyone who needs to choose. You can't ever guide them or suggest one over an other. That's crossing the line in to legal advice, which is a big no-no.
Now I can tell you, from experience, that most documents are notarized with an acknowledgment. But that doesn't mean much.
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Marian Harmon
273 Posts
(Lancaster, CA)
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PS - Thanks, Paul... you always explain things so eloquently. He's very right about the caution with estate documents, especially wills.
In 2005, the CA state notary handbook had a warning in it about wills from the State Bar. It said, "The California State Bar advises that when a notary public is asked to notarize a document which purports to be a will, the notary public should decline and advise the person requesting the notarization to consult a member of the California State Bar. If an attorney recommends that the document be notarized, a notary public may do so."
Interestingly, though, this information was removed from the 2006 handbook and has not reappeared. Nor can it be found on the State Bar's website. That's not to say that it isn't still sound advice, though.
Just make sure that, if you choose to do this, you get explicit instructions on which signatures need to be notarized. Though, from your questions, I'm still not sure if you're ready to do it... and that you may need to review you educational material. Like I said, I do not like to come off as rude, but knowing procedure is really important and you take on a lot of liability as a notary. It's far better to refer to a more experienced notary than risk your bond and commission.
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