The Importance of Estate Planning

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​Estate planning involves preparing critical legal documents that dictate how an individual’s assets, medical care, and financial affairs will be managed during their lifetime and after their passing. Notaries help ensure these documents are correctly executed, reducing the risk of fraud and legal disputes. 

 

Because estate planning documents often involve sensitive family matters and high-value assets, notaries must handle them with professionalism, accuracy, and discretion. This guide covers best practices for notarizing wills, trusts, and powers of attorney while complying with state laws.

 

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Notarizing Wills: When Is It Necessary?

 

A last will dictates how a person’s assets will be distributed after death. Many states do not require a will to be notarized, but most require witnesses. However, some individuals notarize a self-proving affidavit, simplifying probate by proving the will’s validity without requiring witness testimony.

 

​Living Trusts

A living trust allows a person (the grantor) to place assets into a trust for management

during their lifetime and after death. Unlike wills, trusts must be notarized to be legally binding.

 

Power of Attorney

A power of attorney (POA) document gives an appointed person (the agent) the authority to make financial, legal,

or medical decisions on behalf of another individual (the principal).

 

Types of Power of Attorney 

 

• ​General Power of Attorney – Grants broad powers; notarization required​

• Durable Power of Attorney – Remains in effect if the principal becomes incapacitated; notarization required.​

• Medical Power of Attorney – Authorizes healthcare decisions; notarization is required in most states.

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Do Wills in Michigan & Ohio Have to Be Notarized to Be Valid and Enforceable?

While some states have strict notarization rules, Michigan & Ohio  has distinct guidelines. A will does not need ot be notarized to be valid; however, it must satisfy other requirements to be enforceable by the court. The Michigan Estates and Protected Individuals Code (EPIC) dictates the legal requirements for a valid will. The key requirements for a Michigan/Ohio  will include:

• It must be in writing: The will must be typed, or in limited cases, handwritten.

• It must be signed by the testator (the person making the will): The testator must be at least 18 years old and of “sound mind,” meaning they understand their assets, their heirs, and the overall nature of the will. The testator must sign it, or direct someone else to sign it in their presence. It must be signed by witnesses: A will requires two witnesses to either observe the testator’s signature or hear the testator acknowledge it. Both witnesses must then sign the will themselves within a reasonable timeframe after this observation or acknowledgement. If this criterion is met, the will is legally enforceable, even without a notary stamp.

 

What Happens Without Notarization?

If a will is not notarized in Michigan or Ohio, the probate court might need the witnesses to confirm the will’s signing. This can get tricky if witnesses are unavailable or can’t recall details, potentially making the process longer and costlier for your beneficiaries, even if the will is still valid. While you don’t have to notarize your will, doing so can make the probate process smoother. If you get a self-proving affidavit (which your witnesses also sign) notarized, it gives the court extra proof that your will was properly drafted. This can help expedite the legal process, reduce the need for witnesses to testify later, and offer more protection against potential legal challenges in probate. Basically, notarization is optional, but it could save your loved ones time, money, and stress after you are gone. Unfortunately, even minor errors can result in expensive legal battles. Call Sharp Seal Notary today to have all of your legal documents notarized.  

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Not sure where to start with your estate planning documents? 

Click Here for more information on how to obtain your Estate & Health Care Directives. 

 

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