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Estate Planning

Estate Planning Notary: Top 5 Services You Should Know About

Five ways an estate planning notary helps make your will, trust, power of attorney and other documents count when your family needs them.

By Anchor Notary Services · 5 min read

An estate plan protects your family and makes sure your wishes are followed. But the documents only work if they are signed correctly. An estate planning notary helps make sure they are. Here are five services to know about, and what Georgia requires for each.

1. Making your will self-proved

In Georgia, a will is signed by you and two witnesses. A notary isn’t required for the will to be valid, but a notary can make it self-proved. You and your witnesses sign sworn affidavits in front of a notary, and the notary attaches a sealed certificate.

A self-proved will can be admitted to probate without the witnesses having to testify. That can save your family time and trouble, especially years later when witnesses may be hard to find.

2. Trust documents

Trusts are often used to manage assets and avoid probate. Many attorneys have trust documents notarized, and banks or other institutions may ask for a notarized copy of a trust agreement or a certification of trust. Your attorney will tell you which of your trust documents need a notary.

Happy senior couple after notarizing documents at home

3. Power of attorney

A financial power of attorney names someone to manage your affairs if you can’t. In Georgia it must be signed in front of a witness and a notary. The notary verifies your identity and confirms you are signing willingly, which helps protect you from fraud. Read our guide to powers of attorney.

4. Advance Directive for Health Care

Georgia’s Advance Directive for Health Care lets you name a health care agent and record your treatment wishes. It must be signed in front of two qualified witnesses. Notarization isn’t required. Our Witness Service can provide witnesses, so you don’t have to ask friends or family.

Who can’t witness a health care directive?

Your health care agent, anyone who would inherit from you and anyone directly involved in your health care cannot serve as witnesses. If you’re in a hospital or care facility, no more than one witness can be on its staff.

5. Deeds and property transfers

Estate plans often move real estate, for example into a trust or to a family member. In Georgia, a deed must be signed in front of an official witness, such as a notary, and one unofficial witness before it can be recorded. We can handle both at the same appointment.

Why work with an estate planning notary

  • Documents signed correctly the first time
  • Identity checks that help prevent fraud and later disputes
  • Witnesses available when you need them
  • Appointments at your home, hospital room or care facility

Estate planning isn’t only for the wealthy. Anyone who wants to protect their family benefits from a plan that’s signed properly. See our estate planning notary services.

Frequently asked questions

Does my will need to be notarized in Georgia?

No. A Georgia will needs two witnesses. Adding a notarized self-proving affidavit is optional but makes probate easier.

Can a notary write my will or trust?

No. Notaries who are not attorneys cannot prepare legal documents or give legal advice. An estate planning attorney can draft documents that fit your situation.

Can you come to a hospital or nursing home?

Yes. We regularly meet clients in hospitals, nursing homes and assisted living facilities. The signer needs a valid ID and must understand what they are signing.

Need a notary? We’ll come to you.

Book online or give us a call. We serve Folkston and all of Southeast Georgia with flexible scheduling, including after-hours appointments.

Disclaimer: Per Georgia State Code 15-19-51, Kerry Jones and our preferred notaries are not attorneys and are not authorized to practice law or provide legal advice. Information on this website is not, and cannot be construed as, legal advice.