Estate planning involves some of the most important legal documents a person will ever sign. Wills, trusts, powers of attorney, and advance healthcare directives carry long-term legal consequences and must be executed correctly to ensure they are valid and enforceable. In Illinois, this often includes proper notarization and witnessing, both of which play a crucial role in protecting your clients wishes and avoiding disputes later on.
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Documents commonly notarized in estate planning
We offer professional notary services for a wide range of estate planning documents, ensuring compliance with Illinois law and attention to detail at every step.
Last Will and Testament: While notarization is not required to make a will legally valid in Illinois, many individuals choose to include a self-proving affidavit, which must be notarized and signed by witnesses to simplify probate.
Revocable Living Trust: Notarization is typically required to make the trust legally binding, particularly if the document involves the transfer of real property or financial assets.
Power of Attorney for Property: This document must be notarized and witnessed by at least one adult. It allows someone to act on the principal’s behalf for financial matters.
Power of Attorney for Healthcare: Requires one witness and may also be notarized for added protection, especially when used across state lines.
Living Will / Advance Directive: Generally requires one witness. While notarization is not mandated, it is often added to strengthen the document’s legitimacy in medical settings.
How notarization process works?
The notary verifies the identity of the signer using a valid photo ID, confirms that the signer is willing and aware of what they’re signing, and then witnesses the signature.
DOCUMENT REVIEW Ensure all pages are present and completed before the notary session. Incomplete documents cannot be notarized.
IDENTITY VERIFICATION Each signer must present a valid government-issued photo ID. We cannot accept photocopies or photos of ID.
EXECUTION AND NOTARIZATION The document is signed in the presence of the notary. The notary completes the certificate and applies their official stamp.
Best practices for estate planning notarizations
If you’re preparing estate planning documents and want to ensure they’re executed properly, it’s important to understand what is required under Illinois law.
GENERAL RULES FOR ESTATE PLANNING NOTARIZATIONS:
All signers must present a valid government-issued photo ID.
Witnesses cannot be named in the documents.
Documents must be complete prior to notarization - no blanks or unsigned pages.
If a signer appears confused, incapacitated, or coerced, the notary is required to decline the notarization.
IT IS VERY IMPORTANT TO KNOW THE FOLLOWING:
Notaries do not provide legal advice or explain the contents of the document.
Notaries in Illinois cannot serve as a witness for most estate documents if impartiality is compromised.
Witnesses must be disinterested (not a family member or named in the document) and physically present during the signing.
Pricing plans
We offer flexible options to meet your estate planning needs, whether you prefer scheduling a mobile appointment, or signing remotely from the comfort of your home.
MOBILE
$150 Full estate package in the 10 miles radius Witness available upon request for an additional fee.
To ensure personalized and efficient service, appointments are mandatory for all of our offerings. Please schedule your appointment in advance to guarantee availability and minimize wait times.