Frequently Asked Questions

Do you need to notarize your Will?

Writing a will on your own and getting it notarized is only half the battle. Your Will can still be considered a legally binding document if it hasn’t been notarized, so long as it’s made according to all the will requirements outlined in California State law. Accordingly, the testator must sign the Will, and two other people who don’t stand to benefit are called disinterested witnesses. (Handwritten and oral will have different requirements.) Once you pass away, the Will needs to be verified or proven. The witnesses must appear in probate court to verify their signatures and the testator’s signature, which might be difficult if the witnesses have moved away or died. This ultimately delays the time it takes for any beneficiaries to receive assets in the Will. To alleviate this burden, you can add a self-proving affidavit to your Will, in which case your Will must be notarized.

“Under California law, there is no requirement that a will be notarized to be valid. While many wills may be notarized, the lack of notarization will not provide grounds for a will contest. In some cases, however, a will may have been notarized under the mistaken belief that doing so overcomes the need for two disinterested witnesses to view the signing of the Will.”  For more information on this topic  click here.

We specialize in serving Solana Beach, Del Mar, Encinitas, Carlsbad, Rancho Santa Fe, Fairbanks Ranch, Santa Luz, and Oceanside.  We focus on North County San Diego, but will also make appointments for the greater San Diego Area.

The Minor Travel Consent Form has become increasingly necessary due to the rise in instances of child abduction - particularly instances of custody cases and human trafficking.

If a child is traveling internationally with only one parent or with another adult (i.e., a relative, friend, teacher, etc.), an immigration officer, airline personnel, or travel company may ask for a Letter of Consent.  You can download the minor travel consent form in PDF format at the bottom of the page. 

You are also encouraged to have the consent form notarized. This can prevent issues establishing the authority and credibility of your documentation.

Parents who share custody of their children should carry copies of the legal custody documents. You can also contact the embassy of the country or countries the minor child will be visiting to confirm travel entry requirements. This proactive step can help avoid issues at border crossings and during the child's stay abroad.

In California, there are several forms of identification that are considered valid for notarization purposes. The following are some of the accepted forms of identification for a notary public in California:

1. California Driver's License or California Identification Card issued by the Department of Motor Vehicles (DMV)
2. U.S. Passport
3. Foreign Passport stamped by the U.S. Citizenship and Immigration Services (USCIS)
4. Inmate Identification Card issued by the California Department of Corrections and Rehabilitation, if the inmate is in custody in California state prison
5. Driver's License or identification card issued by another U.S. state or Canadian province, as long as it meets certain criteria.

It is important to note that the identification presented by the individual seeking notarization must be current, or issued within the past five years, and must include a photograph, physical description, and signature. The notary public may also require additional documentation or identification if they have reason to doubt the authenticity of the presented identification or the identity of the person seeking notarization.

We do NOT notarize:

• Immigration documents
• Photographs
• Blank/incomplete documents
• Documents that do not require a signature.
• Documents that do not indicate which notarial act to perform, and for which the client cannot choose which notarial act they desire.