Notarizing a Living Trust can provide added defensibility and assurance for the involved parties. Although notarization is not always required for a living trust, it can still offer several benefits:
A notary public’s stamp and signature confirm that the signer of the trust document is indeed the person they claim to be. This helps to prevent potential fraud or forgery in the future, safeguarding the trust’s assets.
If the Trustor or the Trustee moves to a different state or if the trust has property in multiple states, having a notarized living trust can help ensure that it is recognized and accepted by financial institutions and courts in those states.
In some cases, a notarized living trust may be necessary for it to be recognized by foreign jurisdictions, especially if the trust has assets located in other countries or if the trustee or beneficiaries reside abroad.
Real estate transactions
If the living trust includes real property, notarization may be necessary for the transfer of title to that property. Many states require notarization for deeds and other documents related to real estate transactions.
Banks, financial institutions, and other organizations may require a notarized living trust before they will accept it as a valid legal document. Notarization provides an extra level of authentication and may simplify the process of transferring assets into or out of the trust.
Avoid disputes or challenges
Notarizing a living trust can help prevent disputes among family members, beneficiaries, or trustees by providing clear evidence of the trustor’s intent and identity at the time the document was signed.
Additional witness requirement
In some states, a notarized living trust may be considered “self-proving,” which means that the witnesses to the trust signing do not need to be present in court to testify that they observed the trustor sign the document. This can save time and effort if the trust is ever challenged or needs to be probated.
While notarization is not always necessary, it can provide peace of mind and additional legal protection for a living trust. At Dynasty, we highly recommend notarizing Trusts for asset portfolios over 200K and provide the option to notarize your Living Trusts completely online during a quick meeting with our Notary right from our platform.