How Do I Sign Estate Documents?

It depends on your state. Most states allow family members to serve as witnesses as long as they are not beneficiaries of the will. Some states like California and Texas specifically disqualify interested parties (those who receive something under the will) from serving as witnesses, though the will may still be valid with the gift to that witness potentially voided.

In most states, notarization is not required for a will to be valid - witness signatures are sufficient. However, notarization is typically required for the self-proving affidavit, which allows the will to be admitted to probate without locating the witnesses. Colorado and North Dakota allow notarization as an alternative to witnesses.

RON allows documents to be notarized via a secure video call with a commissioned remote notary. The signer and notary use identity verification technology and the session is recorded. Most states now authorize RON, though some exclude certain documents like wills.

It depends on your state and document type. 48 states have authorized Remote Online Notarization for most documents. However, some states specifically exclude wills from RON (e.g., Colorado, Louisiana, Texas). Healthcare proxies and powers of attorney are generally allowed for RON in states that have authorized it.

No. Revocable living trusts are based on contract law and typically require only the grantor's signature plus notarization — no witnesses needed in most states. Wills, by contrast, usually require two witnesses and sometimes a notarized self-proving affidavit. Trust amendments also avoid re-signing with witnesses, unlike a codicil to a will. SimplyTrust walks you through signing and notarization online; the whole trust is usually done in about 15 minutes.

Yes, healthcare proxies (also called advance directives or healthcare powers of attorney) often have different requirements than wills. Many states require fewer witnesses or allow a notary to substitute for witnesses. Some states have specific restrictions on who can witness, such as prohibiting healthcare providers or facility employees. Create a free Healthcare Power of Attorney or Last Will and Testament with state-specific execution fields.