What Are Trust Documents?
A living trust (also called a revocable living trust or inter vivos trust) is an estate planning document that holds your assets during your lifetime and transfers them to your beneficiaries upon death — without going through probate court. Unlike a will, a properly funded trust avoids the time and expense of probate.
Trust documents are among the most important legal papers a California resident can have. They are prepared by estate planning attorneys and must be signed and notarized to become legally effective.
Types of Trust Documents We Notarize
- Revocable Living Trust — The most common type. You retain control and can change it at any time during your lifetime.
- Irrevocable Trust — Cannot be changed once signed. Often used for asset protection or Medi-Cal planning.
- Trust Amendment — Updates a specific provision of an existing trust without replacing the whole document.
- Trust Restatement — Replaces the entire trust agreement while keeping the same trust entity.
- Pour-Over Will — A companion document that directs any assets outside the trust into it upon death.
- Trustee's Certificate — Confirms the existence and terms of a trust for use with banks and title companies.
- Certification of Trust — A summary document used when you don't want to share the full trust with third parties.
Does a Trust Need to Be Notarized in California?
In California, a revocable living trust must be signed before a notary public to be valid. The trustor's signature must be notarized. If there are co-trustees or co-trustors (e.g., a married couple), all signatures typically require notarization.
In addition, any deed of trust or grant deed used to transfer real estate into the trust must be separately notarized and recorded with the county recorder's office.
💡 Estate Planning Attorney Coordination: Our notaries work alongside estate planning attorneys throughout Sacramento. If your attorney has prepared your trust documents and needs a notary to come to their office or your home, we are available to coordinate directly.
What to Have Ready
- Valid government-issued photo ID for each signer (driver's license, passport, or state ID)
- The complete, unsigned trust document package prepared by your attorney
- Any companion documents (pour-over will, healthcare directive, POA) if being signed at the same appointment
- All co-trustors or co-trustees present if signatures from multiple parties are required
- List of any witnesses your attorney requires beyond notarization
- A quiet location with a flat surface for signing (your dining table works perfectly)
Useful Forms for Estate & Probate Matters
If a loved one has passed and you need to transfer property from a small estate without full probate, the California Judicial Council provides this official affidavit at no cost.
The DE-305 applies to real property valued at $55,425 or less. For personal property transfers (bank accounts, vehicles), a separate written affidavit under Probate Code §13100 is used — call us and we can guide you.
- Do NOT sign any portion of the trust documents before the notary arrives
- Do NOT have blank signature lines or dates filled in — complete everything before the appointment
- Do NOT forget to also fund the trust — notarizing the document is only part of the process. Assets (real estate, bank accounts) must be titled in the name of the trust
- Do NOT ask the notary for legal advice — we can notarize, but we cannot advise you on trust structure or provisions
- Do NOT use an expired ID — both signers must present current, valid photo ID
Frequently Asked Questions
Yes. California law requires a living trust to be signed in front of a notary public. The trustor's signature must be notarized. Trust amendments and restatements must also be notarized.
Yes — that is exactly what we do. We travel to your home, your attorney's office, a coffee shop, or anywhere you prefer in Sacramento and surrounding counties. Many clients appreciate having this handled at home for comfort and privacy.
Most trust signings take 30–60 minutes, depending on the number of documents and signers. Trust packages often include the trust agreement, pour-over will, power of attorney, and healthcare directive — all of which may be signed at the same appointment.
Yes. If both spouses are trustors (grantors) of a joint living trust, both must be present and sign in front of the notary. Both must also present valid photo ID.
The notary fee is $15 per notarized signature — the California state-regulated maximum. Trust packages often include multiple signers and documents, so the total notary fee depends on the number of signatures required. Travel fees start at $50 for standard locations and $65 for hospitals or care facilities. Call or text (916) 222-2251 for an exact quote.
Ready to Sign Your Trust Documents?
We come to your home or attorney's office throughout Sacramento. Same-day and evening appointments available.