Home › Trusts › The Benefits of Notarizing a Trust

The Benefits of Notarizing a Trust

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:

Validity

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.

Out-of-state recognition

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.

International recognition

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.

Third-party acceptance

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.

Don't have a Living Trust yet? Get started today.

It only takes a few minutes to create and can be updated easily any time with our Digital Workflow.

Create your free Trust

Related Articles

What is a Trust?

A Living Trust is a financial tool that lets you plan, organize, and protect your life. It’s a personal entity that allows you to add assets and plan out your inheritance. Eliminating legal battles, cost, and time spent by your loved ones. 

Think of it like a personal LLC that you put everything you own in. Except it doesn’t protect you from liability like an LLC does, it protects you from probate and conservatorship. 

Probate is the complicated court process (12-18 months) where a judge decides what happens to your assets after you die, become incapacitated, or are “deemed” incapable. Creating a living trust allows your assets to completely circumvent probate and immediately transfer to your loved ones. 

In addition to being able to name heirs (your beneficiaries), a Trust also allows you to assign someone to manage it (your successor trustee). Instead of going through probate, your Successor Trustee takes control of the Trust, handles your affairs, and distributes your assets according to your instructions. The person you select as Successor Trustee should be your most trusted person. Like a best friend or closest family member.

At Dynasty, we believe everyone should have a Living Trust. If you have children, assets, or plan to acquire assets in the future, you should create a Trust. That way when you buy your next home, open a bank or brokerage account, get startup shares, etc. – you can immediately title them in your trust.