Is Notarization Required?

No. There are several legal requirements when you make a will—notarization isn’t one of them in Minnesota.

For a will to be legally binding, it needs to be:

In writing
Created by a testator (the person making the will) who is of sound mind
Signed by — and in the presence of — two or more witnesses

Is it necessary? Some will say yes. Even though wills do not need to be notarized in the state of Minnesota to be valid, notarization can make the probate process smoother. Why? Because, when a will is notarized, it means the probate court doesn’t have to summon the witnesses to make sure the will is legally binding.

Notary Services

MzNotaryMN offers a wide range of notary services, including real estate closings, wills and trusts, power of attorney documents, and more. Contact us today to learn more about how we can assist you.

4 Essential Estate Planning Documents

Will

A will states who assumes ownership of your assets and belongings after you die. If you don't write a will, your assets are distributed according to plans outlined in your state's intestacy laws.

A will does not control the distribution of all assets, including but not limited to:

Life insurance proceeds
Assets held in a joint title

524.2-504 SELF-PROVED WILL

Financial Power of Attorney (POA)

A POA document authorizes the person you choose to handle financial matters on your behalf if you are not able to or effective immediately only if you are incapacitated.

The POA only applies to the specific types of matters and transactions you authorize in the document. A POA does not grant the authority to make medical decisions on your behalf, and it is only effective during your lifetime. It is no longer active once you pass away.

523.23 STATUTORY SHORT FORM OF GENERAL POWER OF ATTORNEY; FORMAL REQUIREMENTS; JOINT AGENTS.

REVOCATION OF POWER OF ATTORNEY Minnesota Statutes §523.11

Advanced Healthcare Directive (Living Will)

We provide loan signing services for mortgage lenders, title companies, and signing agencies. Our notary will ensure that all loan documents are correctly signed and notarized.

MINNESOTA STATUTE § 145C HEALTH CARE DIRECTIVE

Living Trust

A living trust allows you to take assets you own and place them into the ownership of a trust you create during your lifetime. The trust owns your assets, and you manage them while you are alive.

After your death, the trustee—the person you choose to manage the trust when you can no longer do so—distributes the assets to the beneficiaries you have chosen. A living trust is private and typically does not need to go through probate court (unless disputes arise). Your beneficiaries can save the potential cost and time involved in a probate proceeding.

The Notarization Process for Wills & Trusts

MzNotaryMN is an impartial third party appointed and commissioned by the state of Minnesota, to execute notarizations. Below is a step-by-step guide to the general notarization process:

1. Contact MzNotaryMN: MzNotaryMN provides convenient mobile services, traveling to you or your loved one at a location that is convenient to you.

2. Present the Document: The document to be notarized must be presented to MzNotaryMN completely filled out, leaving only the necessary signature(s) spaces blank. MzNotaryMN cannot notarize a blank or incomplete document.

3. Provide Identification: This includes a state ID, such as a driver's license, a state identification card, or a government-issued passport that is not expired.

4. Sign the Document: You must sign the document in the presence of the notary public. This allows MzNotaryMN0p to:

a. verify that you are who you claim to be

b. You are signing the document willingly and not under duress.

5. Completing the Notarization: MzNotaryMN will then complete the notarization, by:

Filling out a notarial certificate that includes details such as who signed the document, what document was signed, where and when the signing occurred, and affixing my official seal to the document.

Mobile Notary Fees: $75-275

Common Documents Requiring Notarization

PROBATE AND PLANNING BOOK

PROBATE AND PLANNING: From the Office of the Minnesota Attorney General office, helping people afford their lives and live with dignity and respect.

Healthcare & Medical Documents

Advance Healthcare Directive (Living Will)

A legal document that outlines a person's medical treatment preferences if they become unable to communicate their wishes.

Medical Power of Attorney (Healthcare Proxy)

Allows an appointed person to make medical decisions on behalf of the patient if they become incapacitated.

HIPAA Release Form

Grants designated individuals access to the patient’s medical records and healthcare information.

Do Not Resuscitate (DNR) Order

A directive stating that no CPR or life-saving measures should be performed in the event of cardiac or respiratory arrest.

Physician Orders for Life-Sustaining Treatment (POLST)

A medical order that specifies a patient’s preferences for emergency medical care and life-sustaining treatments.

Financial & Legal Documents

Power of Attorney (POA) for Finances

Grants a trusted individual the authority to manage financial and legal matters on behalf of the senior or patient.

Last Will and Testament

Specifies how a person’s assets and estate should be distributed after their passing and can appoint an executor to carry out their wishes.

Trust Documents (Revocable or Irrevocable Trusts)

Legal documents that dictate how assets are managed during a person’s lifetime and distributed upon their death.

Deeds and Property Transfers

Required when transferring property ownership, often necessary for estate planning or Medicaid eligibility.

Beneficiary Designation Forms

Used to assign beneficiaries for financial accounts, life insurance policies, or retirement plans.

Family & Personal Affairs Documents

Consent for Minors’ Medical Care

Allows a designated caregiver to make medical decisions for a minor on behalf of a parent or guardian.

Affidavits (General and Specific Affidavits)

Sworn statements are used for a variety of legal matters, such as confirming residency, identifying heirs, or verifying lost documents.

Signature Witnessing Documents

Some forms require an official witness to verify the identity and signature of the signer.

Marriage or Divorce-Related Documents

May be required in cases of spousal rights, prenuptial agreements, or name changes.

Additional Important Documents

Medicaid & Social Security Documents

Some states require notarization for documents related to Medicaid applications or Social Security benefits.

Insurance Claims & Settlements

Many insurance-related forms need notarization to verify the authenticity of claims and beneficiaries.

Letters of Instruction

While not legally binding, these letters provide guidance on financial matters, funeral arrangements, and personal wishes.

Annuities & Pension Distribution Requests

Required when making changes to retirement plans, pension accounts, or annuity distributions.