Legal Question in Wills and Trusts in California

Trusts are notarized in California.

Eliz.

When I read a post from someone doing their own estate planning, I get a horrible "falling" feeling. I see so many of these self created trusts and wills, and many times they are not adequate and fail to do what the creator wanted. This includes some of the documents my clients have brought me from "Legal Zoom."

Unlike a will, a trust is not attested to. Wills, other than holographic wills, must have the testator's signature acknowledged or signed in the presence of two (2) disinterested witnesses. Trusts only have to be notarized if they are going to be recorded with the County Recorder's Office. Most of the time, they are not recorded at all. Most trusts that are notarized are done as a precaution against future challenge, and not as a legal requirement.

Deeds that transfer real property into a trust, by conveying title to a trustee of the trust should be notarized, so that they can be recorded and record title is clear.

In California, there is no requirement that the trustor's signature be notarized. However, most attorney-drafted trusts are notarized to avoid future problems. As Mr. Roach has stated, wills, other than holographic wills,require attestation by two disinterested witnesses. If you are drafting your own trust, I would strongly urge you to have it reviewed by an attorney.

There is no statutory requirement in CA for Trusts to be notarized (although powers of attorney and any kind of deed must be) but by custom in California, they are, so it would be foolish to skip that step.