Requirements Guide
Do I Need a Notarized Trust?
The technical answer: probably not required by law. The practical answer: yes, you should always notarize. Here's why.
The short answer
Most states don't require living trust notarization by law. But if you own real estate, you need notarization to transfer the deed. Banks and financial institutions often require it too. In practice, always notarize your trust — it costs little and prevents problems later.
Why you should notarize anyway
Even if your state doesn't require it for the trust itself, notarization matters for practical reasons:
Real estate transfers require it
To transfer your home into your trust, you need a notarized deed. The deed won't record without notarization. If you own property, you're getting notarized anyway.
Banks often require it
When your successor trustee tries to access accounts, many banks want notarized documents. Doing it upfront avoids delays later.
It adds credibility
Notarization confirms your identity and that you signed voluntarily. It makes the trust harder to challenge.
It's cheap and easy
Notarization costs $10-$50 or is included with online services. There's no reason to skip it.
State-by-state requirements
Here's the legal requirement for the trust document itself (not the deed):
| Requirement | States |
|---|---|
| Notarization required | Colorado, Florida (for real property trusts) |
| Notarization not required (but recommended) | California, Texas, New York, and most other states |
| Witnesses required | Florida (two witnesses for real property trusts) |
Remember: even if your state doesn't require notarization for the trust, you'll need it for property deeds and possibly other transactions.
Notarization vs. witnesses
Don't confuse notarization with witnesses — they're different:
Notarization
- • Verifies your identity
- • Confirms you signed voluntarily
- • Required for recording deeds
- • Done by licensed notary public
Witnesses
- • Watch you sign
- • Can testify you seemed competent
- • Required for wills (not usually trusts)
- • Usually need to be disinterested parties
For trusts: Notarization is more important than witnesses. For wills, you typically need both.
Online notarization (the easy way)
You don't need to find a local notary. Remote online notarization (RON) is legal in most states and much easier:
- ✓Video chat with a licensed notary from your computer
- ✓Sign documents digitally
- ✓Done in 10-15 minutes
- ✓No scheduling hassles or driving
Good online trust services include RON in their package. If yours doesn't, you can use standalone services like Notarize or NotaryCam for $25-$75.
Do trust amendments need notarization?
If you change your trust later (adding beneficiaries, changing distributions, etc.), do those amendments need notarization?
Same rule applies: Not technically required in most states, but highly recommended. If the amendment affects real property, notarization may be necessary. For consistency and credibility, notarize all amendments.
Notarization included
Mantle includes online notarization with every trust — no extra cost, no hassle. Sign from home in 10 minutes with a licensed notary.
Get Started Free →$995 complete. Notarization included.