Notarizing Wills, Trusts, and Advance Directives
When people call about estate documents, they often assume everything needs a notary. Some of it does, some of it doesn’t, and getting that right matters. Here’s how notarization fits with wills, trusts, and advance directives in Wisconsin, in plain terms.
Start with what actually needs a notary
This surprises people: in Wisconsin, a will is made valid by the signatures of two witnesses, not by a notary. A notary’s role with a will is usually the self-proving affidavit attached to it. Trusts and advance directives have their own rules. So the first question isn’t where to find a notary, it’s which parts of the packet actually need one.
The self-proving affidavit
A self-proving affidavit is a short notarized statement, signed by you and your witnesses, confirming the will was properly signed. It’s worth doing because it lets the will be accepted by the probate court later without tracking down the witnesses to testify. This is the piece I most often notarize alongside a will, and it’s signed at the same sitting, so have your witnesses there.
Revocable living trusts
A revocable living trust is typically signed and notarized when it’s created. If you’re moving assets into the trust, some of those transfer documents (a deed, for example) may need notarizing too. Bring the complete trust document and any related transfers, and I’ll handle the notarial parts.
Advance directives
Two common ones in Wisconsin: a health care power of attorney and a declaration to physicians (often called a living will). These generally rely on witnesses rather than, or in addition to, a notary, and the law limits who can witness. Check each document’s signing instructions, because they don’t all work the same way.
What to bring, and what I can’t do
Have valid photo ID, the completed documents, and any required witnesses lined up, and don’t pre-sign anything that has to be signed in front of a notary or witnesses. One important limit: I notarize, I don’t draft these documents or advise on what they should say. For how to structure an estate plan, that’s a conversation for an estate attorney. My job is to make sure the signing and notarizing are done correctly so the documents hold up.
Have an estate packet to sign in the Milwaukee area and want the notarized parts done right? Reach out through the contact page and I’ll walk through what your documents need.