Will and Trust Notary Services

What a notary does, and does not do, for wills and trusts

A will and a trust do different jobs. A will gives instructions for distributing property after death and generally goes through probate. A trust is an arrangement in which property is held and managed by a trustee for beneficiaries, and a revocable living trust is often used to help assets pass without probate. Both are signed at important moments, and both are usually drafted by an attorney or through a planning service before a notary is involved.

Karen McCormick, a Tennessee Notary Public, brings the signing to you in the Chattanooga area, whether that is a kitchen table in Hixson, an office downtown or a room at an assisted living facility. She verifies identity, administers the oath where one is required and completes the notarial certificate. She does not draft, interpret or give legal advice about estate plans.

Signing a will in Tennessee: the basics

In general terms, a Tennessee will (other than a handwritten one) is signed by the person making it in front of at least two witnesses, and the witnesses sign in front of that person and each other. Notarizing the will itself is not what makes it valid.

Where a notary matters is the self-proving affidavit. The person making the will and both witnesses sign this sworn statement before a notary. It generally lets the probate court accept the will without tracking down the witnesses years later. Our article on self-proving affidavits and witness requirements explains it in more depth.

A practical checklist for a will signing:

1. Confirm with your attorney that the document is final.
2. Arrange two adult witnesses who can attend at the same time. It is generally best that they do not inherit under the will.
3. Everyone signing before the notary should bring valid photo ID.
4. Do not sign anything until the witnesses and notary are all present.

Unsure whether you need witnesses, a notary or both? See when witnesses are needed in addition to a notary.

Trust signings and related paperwork

Whether a trust agreement itself must be notarized depends on how it is drafted and how it will be used, so follow your attorney’s instructions. Many estate planning attorneys have trust documents signed before a notary as a matter of practice. Paperwork that often travels with a trust includes:

• Deeds moving real estate into the trust. In Tennessee, a deed generally must be acknowledged before a notary to be recorded, so this part nearly always needs one. Our deed notarization service covers what to expect.
• Certifications or affidavits of trust that banks and title companies may request to confirm who the trustee is.
• Companion documents such as a financial or health care power of attorney, which are frequently signed at the same appointment as the will and trust.

Signing for someone who is ill or elderly

Estate documents are often signed when time feels short. A notary must be satisfied that the signer is who they say they are and appears to understand and want to sign. If you are arranging a signing for a loved one with memory concerns, read our article on notarizing for someone with dementia and talk with their attorney before the appointment.

Areas served

Will and trust signings are available at homes and facilities in these communities, most of them in Hamilton County plus Dunlap in Sequatchie County:

• Chattanooga
• Hixson
• Red Bank
• Signal Mountain
• Soddy-Daisy
• Sale Creek
• Bakewell
• Flat Top Mountain
• Mowbray
• Harrison
• Ooltewah
• Brainerd
• East Brainerd
• East Ridge
• Dunlap

Frequently asked questions

Does a will have to be notarized to be valid in Tennessee?

Generally, no. A typical Tennessee will is valid when the person making it signs in front of at least two witnesses who also sign. Notarization comes in with the optional self-proving affidavit, which can make probate simpler because the court usually does not need to contact the witnesses.

Who should I use as witnesses?

Choose two competent adults who can be present at the same time as you. It is generally wise to use witnesses who do not inherit anything under the will; your attorney can tell you why that matters for your situation.

Can Karen write my will or trust?

No. Karen is not an attorney and does not give legal advice or decide what goes in a will or trust. She notarizes signatures and affidavits, and as a Legal Document Assistant can help with document preparation logistics. For drafting and planning decisions, work with an estate planning attorney.

Can the signing happen in a hospital or nursing facility?

Yes, Karen travels to hospitals and assisted living facilities. The signer must be able to show they understand what they are signing, and witnesses must be arranged ahead of time, so plan the visit with family and staff.

Ready to sign your will, trust or self-proving affidavit, or arranging a signing for a family member? Call Karen at (423) 401-8316 or send your appointment details through the contact page.