Who Needs to Be Present When Notarizing Estate Planning Documents in California?
- Aaron Kuykendall
- 4 days ago
- 3 min read
A clear breakdown of signer requirements for trusts, powers of attorney, and estate planning documents — including common real-world scenarios.
One of the most common questions we receive as estate planning notaries is who actually needs to be present at the appointment. Estate planning documents often involve multiple parties, family members, or agents. Misunderstandings about signer requirements can easily delay an important notarization.
This article explains who must be present when notarizing estate planning documents in California, including living trusts, powers of attorney, and related forms.
General Notary Rule in California
In California, a notary public is only permitted to notarize the signature of the person who is physically present and signing the document at the appointment. The notary cannot notarize on behalf of someone who is absent, even with permission.
Each signer must:
Appear in person
Present valid, current government-issued photo ID
Be willing and aware of what they are signing
Who Must Be Present for Common Estate Planning Documents
Living Trusts
For most living trusts, only the trustor(s) — the person or people creating the trust — must be present and sign in front of the notary. Beneficiaries typically do not need to attend the appointment.
If a trust has:
Two spouses as co-trustors → both must be present to notarize their own signatures
A single trustor → only that individual must attend
Powers of Attorney
For a power of attorney, the principal (the person granting authority) must be present to sign and be notarized. The agent or attorney-in-fact does not need to be present unless they are also signing a separate document.
This often surprises families, especially when the agent is the one coordinating the appointment.
Advance Health Care Directives
Advance health care directives may be notarized or witnessed, depending on how the document is prepared. If notarization is chosen, only the signer must be present. Health care agents do not need to attend.
What If Someone Cannot Be Present?
California does not allow remote online notarization for most estate planning documents. If a signer cannot appear in person due to illness, mobility issues, or hospitalization, a mobile notary may be able to travel to them — but the signer must still be alert, willing, and able to sign.
Each situation is evaluated carefully to ensure compliance with state law.
Common Misunderstandings We See
“My spouse can sign for me” → ❌ Not allowed
“The agent has power of attorney already” → ❌ The principal must still sign
“We can sign now and notarize later” → ❌ Signatures must occur in front of the notary
Why Clarifying This in Advance Matters
Confirming signer requirements ahead of time prevents delays, repeat appointments, and unnecessary stress especially when estate planning documents are time-sensitive.
This is particularly important when coordinating notarizations involving multiple family members or separate signers.
Mobile Estate Planning Notary Services in North County San Diego
Encinitas Mobile Notary provides mobile estate planning notarization throughout Encinitas, Carlsbad, Rancho Santa Fe, and surrounding North County San Diego communities. We help clients prepare for their appointment by confirming who needs to be present and what identification is required before we arrive.
This article is part of our ongoing Estate Planning Notary Series where we cover notarization for living trusts, family trusts, and powers of attorney across North County San Diego.
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