Your documents are not effective until you sign them. Whether you print your own documents or have California Trusts Online print and mail them to you, you are responsible for signing your documents. There are different requirements for signing different documents which are set out in this post and in the table below.
Wills
When you receive your Will from California Trusts Online, whether by email or mail, you will receive specific instructions on how to hold your signing ceremony. These instructions will tell you that Wills cannot be notarized, that they must be witnessed to be valid. The witnesses sign under penalty of perjury that they are over the age of 18, that you appear to be over the age of 18, that you appear to understand what you are signing and that you do not appear to be under any undue influence.
Both witnesses need to be present in the same room at the same time when they sign, and neither of them can leave the room until both witnesses have signed your Will. You do not need to sign your Will in front of them, but if you do not sign it in front of them, you need to acknowledge the signature as your own.
If you are under a conservatorship, your conservator can sign instead of you if a judge orders your conservator to sign for you.
You can direct someone else to sign your name for you, but you need to be present when the other person signs your name to your Will.
California Trusts Online strongly recommends that you sign your Will in the presence of your two witnesses and that the witnesses sign it immediately after you have signed. California Trusts Online strongly recommends that you and your witnesses date your signatures and that the witnesses write their addresses beneath their names.
Trusts, Powers of Attorney, and Advance Health Care Directives
The simplest way to properly sign Trusts, Powers of Attorney and Advance Health Care Directives is to have them notarized. Many banks, shipping companies and mail box providers have notaries on site. The Automobile Club of California also provides notaries for its members at some locations. If you cannot travel to a notary, mobile notaries are available for an additional fee, and you can find them by searching online for mobile notaries near you.
A notary who is named in your Trust, Power of Attorney or Advance Health Care Directive cannot notarize that document.
The notary will need to identify you. California Trusts Online recommends that you contact your notary to make sure that you have the proper identification before you travel to the notary (or the notary travels to you).
If you prefer not to notarize your Trust, Power of Attorney or Advance Health Care Directive, you can have these documents witnessed by two witnesses instead. However, a Power of Attorney that has not been notarized cannot be recorded with a county recorder. If your Power of Attorney gives your Agent the power to deal with your real estate and if your Agent needs to record the Power of Attorney in the future in order to sell, lease or mortgage your real estate, the Power of Attorney can only be recorded if it has been notarized.
Oddly enough, even though Trusts are routinely notarized in California, there is no requirement that a Trust be notarized to be valid. However, a notary adds a level of protection by verifying your identity so that it is less likely that someone will be able to challenge your signature later. Also because Trusts are routinely notarized, by not having your signature notarized, you may invite more scrutiny by banks, realtors, title companies or any other third party who relies on your signature.
Deeds
Deeds must be notarized. Remember to have your deed recorded with the County Recorder where the property is located.
Who Can Be Witnesses?
All witnesses must be at least 18 years old and cannot be named in the document that they are witnessing. The witness must not be named an Executor, Trustee or Agent. The witness must not be a beneficiary. Even if a person is not identified by name, but is identified by class that person is not a valid witness. For example, if your Will gives 10% of your estate to your grandchildren in equal shares, none of your grandchildren can act as a witness to your Will.
Your witnesses must be able to understand the circumstances and be able to sign their own name.
Special Rules for Advance Health Care Directives
If you have chosen to have your Advance Health Care Directive witnessed, your witnesses cannot be your health care provider, an employee of your health care provider, or an operator or an employee of your community care facility or residential care facility.
If you are a patient in a skilled nursing facility at the time you are signing your Advance Health Care Directive, you will also need to have a patient advocate or ombudsman designated by the California Department of Aging to sign your Advance Health Care Directive. Your skilled nursing facility will arrange for this person to be present when you sign your Advance Health Care Directive, but because the patient advocate or ombudsman is a volunteer, you may need to work around their schedule.
Special Rules if You Are Not Able to Sign
If you cannot physically write your name, you may make an “X” to sign your documents as long as someone else writes your name next to the “X” and then signs their name as a witness close to the “X”. The person who witnesses you making the “X” can be one of your regular witnesses, but it is better for you to have three witnesses in this case: one person to sign your name next to your “X” and two others as regular witnesses.
If you cannot physically write an “X,” you may instruct someone else to write your name for you and that person must sign it in your presence where you can see them signing your name. If you have someone else sign your name, you still need two other witnesses to witness that person sign your name.
Remember that your documents are not effective unless they are properly signed. So it is very important that you follow these instructions as soon as possible after receiving your documents.
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REQUIREMENTS FOR SIGNING YOUR DOCUMENTS |
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Signature Required |
Notary Required |
Notary Recommended |
2 Disinterested Witnesses Required |
Who Needs to Be Present |
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TRUST |
yes |
no |
yes |
no |
|
|
WILL |
yes |
no |
no |
yes |
Both witnesses |
|
POWER OF ATTORNEY |
yes |
yes, if recorded |
yes |
yes or notary |
|
|
ADVANCE HEALTH CARE DIRECTIVE |
yes |
yes or 2 witnesses |
yes |
yes or notary* |
|
|
DEED |
yes |
yes |
yes |
no |
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*Witnesses must not be your health care provider, an employee of your health care provider, or an operator or an employee of your community care facility or residential care facility. If you are a patient at a skilled nursing facility, you must also have a patient advocate or ombudsman designated by the California Department of Aging to sign your Advance Health Care Directive as a witness.
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