What Does a Notary in California Do? Unveiling the Vital Role of a Notary Public

What does a notary public in California do? That was the first question I asked myself when when my wife recommended I get a notary public commision on top of my life insurance agent license.

According to the Sacramento County Clerk/Recorder’s office, “A notary public is an official, appointed by the Secretary of State, to serve the public as an impartial witness in performing a variety of official acts related to the signing of important documents.”

Ever wondered, what does a notary in California do? If you picture someone with a stamp and a stack of papers, you’re only scratching the surface. The role of a notary public in California is essential to the legal system, but it’s more complex than just a simple signature and seal.

Let’s take a closer look at the full scope of duties a notary performs, from administering oaths to verifying identities and serving as an impartial witness.

1. Administering Oaths and Affirmations

One of the primary roles of a California notary is to administer oaths and affirmations. Whether you’re taking an oath of office or swearing that a document’s contents are truthful, a notary ensures that your promises are legally binding. The act of giving an oath involves invoking a higher power (like swearing on the Bible), while an affirmation is a solemn, legally binding promise without the religious component.

Fun fact: Oaths aren’t just reserved for courtroom dramas—everyday people need to swear oaths, too!

2. Verifying Identities – The Human Lie Detector

Imagine signing a critical contract or making a large financial transaction. How can anyone be sure that you are who you claim to be? Enter the notary public—the unsung hero of fraud prevention. Notaries in California are tasked with verifying the identity of the signer to ensure authenticity.

They review identification documents, like your driver’s license or passport, to confirm that you’re not an imposter in disguise. If you can’t produce a valid ID, the notary won’t complete the notarization process. It’s their job to act as a gatekeeper, preventing identity fraud in sensitive transactions.

3. Serving as an Impartial Witness

Neutrality is key to being a notary public in California. Unlike an attorney who advocates for a specific party, a notary serves as an impartial witness. Their role is not to advise or influence but simply to witness the signing of documents and verify that everything is done according to the law.

This neutrality guarantees that documents like powers of attorney, real estate transactions, and wills are executed fairly, without bias or coercion. Whether you’re buying a house or assigning someone as your medical representative, having a notary’s impartial eye on the process ensures integrity.

4. Notarizing Vital Documents

Notaries also certify important legal documents, such as deeds, affidavits, loan papers, and trusts. By placing their official seal on a document, a notary verifies that the signature is genuine and that the signer acted of their own free will.

California’s extensive notarial laws ensure that notarized documents meet rigorous standards, making them reliable in legal proceedings.

5. Handling Apostilles for International Documents

Planning to use your documents abroad? Notaries in California often handle the process of securing an apostille, which certifies the authenticity of a document for international use under the Hague Convention. Whether it’s a diploma, a power of attorney, or a birth certificate, a notary can help ensure that your documents are recognized across borders.

6. Preventing Fraud and Protecting the Public

Ultimately, the mission of a California notary public is to prevent fraud and protect the public interest. Their work ensures that signatures are real, intentions are genuine, and all parties understand what they are signing. A notary acts as a safeguard, protecting both individuals and businesses from potential legal battles down the road.

Why You Need a California Notary Public

Whether you’re buying a home, signing a contract, or swearing an oath, a notary public in California plays an integral role in ensuring your paperwork is legal, trustworthy, and fraud-free. Next time you need an important document notarized, remember—it’s more than just a stamp. It’s peace of mind.

Now that you know what a notary in California does, you can rest assured that behind every notarized document is a process that safeguards the authenticity of the signature, the intent of the signer, and the legal validity of the transaction.

Ready to get your document notarized? Reach out to us today, your trusted, accurate, and efficient choice for notary public near me services in Upland, California (626) 248-0349!

 

Join Wet Ink Notary at the San Bernardino County State of the County Event 2024, hosted by Greater Ontario California (GOCAL), an event where over 1,300 business, government, and community leaders come together to celebrate and drive economic growth in the region. This year’s theme, Empowering Tomorrow, will spotlight the organizations and leaders moving the Countywide Vision forward. The event highlights global, national, and local business leaders investing in the area, making San Bernardino County a prime destination for business expansion and job creation.

Event Details: Click Here to Register

• Date: Wednesday, September 18th, 2024
• Cost: Registration $50.00
• Location: Ontario Convention Center, 2000 E Convention Center Way, Ontario, CA 91764

Agenda:

• NAIOP Panel Discussion: 3:00 PM – 4:30 PM (Industry leaders in commercial real estate explore trends, challenges, and opportunities in the region)
• Registration: 4:30 PM – 5:30 PM
• Main Event: 5:30 PM – 6:30 PM
• Networking Event: 6:30 PM – 8:30 PM

This event is a must-attend for those looking to network and learn from top professionals shaping the future of San Bernardino County. Register now and be part of the county’s ongoing economic development success!

Wet Ink Notary LLC is a mobile notary public near me in Upland, California servicing Rancho Cucamonga, Ontario, La Verne, Pomona, San Dimas, Corona, Chino Hills, Chino, Corona, Riverside, Fontana, San Bernardino, Rialto, Eastvale, Norco, and all of Los Angeles, San Bernardino, Riverside and Orange Counties!

 

Call us today at (626) 248-0349 to get started! 

“If you do not have a Will or plan for your estate, then the government has one for you.” Shez Christopher.

Michael Jackson, Jimi Hendrix, BB King, Alfred Nobel, Martin Luther King Jr., Howard Hughes, and Nina Wang, Asia’s richest woman are just a few of the biggest names in recent history who died with no will.

Some of the families, like that of Jimi Hendrix for example, spent 30 years in fact, settling the estate of the great American Musician in probate court.

This is a reminder that having your own well written will (living trusts will be covered in another article) can help preserve your family legacy to pass on for generations to come. It is important to store the will in a safe place that can be furnished at the time of your death. Would you be surprised to hear that there are cases in which some one with a mass amount of wealth dies and there are several people that present which they claim is the one true valid will? Prince, one of the most iconic musicians of all time had 45 people come forward claiming to have stake in his estate!

 

It also serves to serve as a reminder that the company you keep may not always have your best interest in mind. Although there are tales of wealthy figures detesting lawyers with good reason, it is recommended you find the right lawyer to help you with your will that you trust which can save you thousands, if not tens of thousands, of dollars in legal fees.

What is a will? What does a will do?

Whether someone is completing a will as part of an estate planning package or as a one time event, a will is a document people create that outlines exactly how their estate will be distributed after they have passed on. If you did not leave a will, the state in which you reside has a plan for what to with your most worldly possessions.

What is freedom of testation?

In legal terms, this is referred to as “freedom of testation” which allows for instruments like a will to be used for people to leave their estate at the time of their death to those that have survived them like their spouse, children, specific named person, or noble cause preserved through the use of probate courts. Once the person has died, their estate is becomes what is called “probate property.”

What makes a will valid?

In California, in order for a will to be deemed valid it must be in writing.  An “oral” verbal will is not prohibited. The individual writing the will, will also  need to be 18 years or older and of sound mind. Below, you’ll find the law as it is currently written regarding some of the initial qualifications for a will to be valid.

According to California Law, under  DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 – 6806], PART 1. WILLS [6100 – 6390], in reference to age and mental capacity, the following is shared:

(a) An individual 18 or more years of age who is of sound mind may make a will.

(b) A conservator may make a will for the conservatee if the conservator has been so authorized by a court order pursuant to Section 2580. Nothing in this section shall impair the right of a conservatee who is mentally competent to make a will from revoking or amending a will made by the conservator or making a new and inconsistent will.

(Amended by Stats. 1995, Ch. 730, Sec. 7. Effective January 1, 1996.)

6100.

(a) An individual 18 or more years of age who is of sound mind may make a will.

(b) A conservator may make a will for the conservatee if the conservator has been so authorized by a court order pursuant to Section 2580. Nothing in this section shall impair the right of a conservatee who is mentally competent to make a will from revoking or amending a will made by the conservator or making a new and inconsistent will. (Amended by Stats. 1995, Ch. 730, Sec. 7. Effective January 1, 1996.)

6100.5.

(a) An individual is not mentally competent to make a will if, at the time of making the will, either of the following is true:

(1) The individual does not have sufficient mental capacity to be able to do any of the following:

(A) Understand the nature of the testamentary act.

(B) Understand and recollect the nature and situation of the individual’s property.

(C) Remember and understand the individual’s relations to living descendants, spouse, and parents, and those whose interests are affected by the will.

What is Probate?

Placer Courts CA define Probate as “the judicial process in which an instrument purporting to be the will of a deceased person is proven to be genuine or not; lawful distribution of the decedent’s estate. The legal process of administering a will. Also, the judicially supervised process for marshaling a decedent’s assets, paying proper debts, and distributing the remaining assets to the persons or entities entitled to them. An estate may be probated even if there is no will.” Probate makes sure everything gets to everyone that has rightful interests in the estate.

The word Probate comes from the Latin word Probare, which means to “prove” or to “test’ according to merriam-webster.com

In their work The Complete Book of Wills, Estates & Trusts, authors Alexander A. Bove, Jr., Esq., and Melissa Langa, Esq., explain just what probate property is: “any type of property (stocks, bonds, real estate, furnishings, jewelry, copyrights, claims against others, etc.) that belonged to the deceased at the time of his death.”

What is non probate property?

They also note that “nonprobate property“, such as jointly held property, life insurance or retirement plan benefits payable to a named beneficiary, or assets in a living trust, generally will not be included in the probate inventory…” except is some cases they discussed later in the book. Non probate property is property that is held in a trust, jointly held property, property that has been designated to a beneficiary, or in community property states like California, jointly owned property can be passed on between spouses when certain agreements are in place that do not require participation in the probate process.

Even if you elect to use your “freedom of testation” and create a will, when you die, all the goods that stand alone in your name are still going to need to go through a probate court. There are many differences between dying with a will and dying, intestate, which is when you die and leave no will. One, is that it is the record of the last wishes of the deceased and how they wished to have their estate distributed in case there were any other interested parties in the estate, they would have a much harder time getting access than if no will had existed.

As we have mentioned at the beginning of the article, it is imperative that this will be well preserved so the assigned personal representative of the estate can petition the court to have the will go through probate. If  no one petitions the will be executed, someone who has any type of interest, usually financial, in the estate is allowed to notify the court that they want the will processed and moved forward.

With a well written will preserved and it’s designed personal representative informed of its existence and location, the transfer of generational wealth through the application of your “freedom of testation” is bettered secured.

Wet Ink Notary LLC is a mobile notary public near me in Upland, California servicing Rancho Cucamonga, Ontario, La Verne, Pomona, San Dimas, Corona, Chino Hills, Chino, Corona, Riverside, Fontana, San Bernardino, Rialto, Eastvale, Norco, and all of Los Angeles, San Bernardino, Riverside and Orange Counties!

 

Call us today at (626) 248-0349 to get started! 

Michelle Thrakulchavee (LinkedIn) , Executive Vice President of City Ventures LLC out of Irvine, CA.who brings 18 years of residential and mixed use delevelopment and homebuilding, is set to speak on September 9th, 2024 at 9:00am at the commencement ceremony being held in the heart of down downtown Upland for the new residential development bringing 32 new townhomes including homes designated for low income housing.

Bill Velto, who recently completed a 4 year term as Upland Mayor will also be speaking to the significance of the new development for the community.

 Read the full press release here.

Bill Velto – Courtesy of the City of Upland

Wet Ink Notary LLC is a mobile notary public near me in Upland, California servicing Rancho Cucamonga, Ontario, La Verne, Pomona, San Dimas, Corona, Chino Hills, Chino, Corona, Riverside, Fontana, San Bernardino, Rialto, Eastvale, Norco, and all of Los Angeles, San Bernardino, Riverside and Orange Counties!

 

Call us today at (626) 248-0349 to get started! 

 

 

Assignment of Deed of Trust

An agreement transferring the beneficial interest in a deed of trust from one lender to another.

Amended Deed of Trust

A revised deed of trust that modifies the terms of the original agreement, often to reflect changes in the loan terms or conditions.

Abstract of Judgment

A summary of a court judgment that creates a lien on the debtor’s property, allowing the creditor to claim the property to satisfy the debt.

Affidavit

A written statement made under oath, used in court proceedings or other legal matters.

Assignment of Rents

An agreement in which a property owner transfers their right to collect rent to a lender as security for a loan.

Assignment of Lease

A transfer of a leaseholder’s rights and obligations to another party for the remainder of the lease term.

Construction Trust Deed

A deed of trust used to secure a construction loan, giving the lender a lien on the property during the construction process.

Covenants, Conditions, and Restrictions (CC&Rs)

Legal terms that dictate how property can be used, typically applied in residential communities by homeowners’ associations.

Declaration of Homestead

A legal document that protects a homeowner’s equity in their residence from certain types of creditors.

Deed of Trust

A document used in real estate transactions where the legal title to a property is transferred to a trustee as security for a loan between a borrower and lender.

Easement

A legal right to use another person’s land for a specific purpose, such as access to a road or utility lines.

Lease

A contractual agreement where one party (the lessee) pays the owner (the lessor) for the use of an asset, usually property or land, for a specified time.

Lien

A legal claim on property as security for a debt, giving the lienholder rights to the property until the debt is satisfied.

Lot Line Adjustment

A legal change to the boundaries between adjacent parcels of land, typically requiring government approval.

Mechanic’s Lien

A lien placed on a property by a contractor or supplier who has not been paid for labor or materials used to improve the property.

Modification for Deed of Trust

An agreement that alters the terms of an existing deed of trust, often to adjust the loan terms or interest rate.

Notice of Completion

A document filed by a property owner or contractor to signify that a construction project is finished.

Notice of Default

A formal notice filed by a lender stating that a borrower has failed to meet the terms of a loan agreement, typically leading to foreclosure proceedings.

Notice of Rescission of Declaration of Default

A notice indicating that the borrower has corrected the default and the lender is rescinding the previously filed notice of default.

Notice of Trustee’s Sale

A public notice that a property will be sold by a trustee at auction, typically due to foreclosure.

Quitclaim Deed

A deed that transfers whatever interest the grantor has in the property, with no warranties as to the quality of the title.

Release

A legal document that relinquishes a claim or right to a particular piece of property.

Reconveyance

A document issued by a trustee confirming that the borrower has paid off the mortgage, thereby transferring the property title back to the borrower.

Request for Notice

A document filed by a junior lienholder to ensure they are informed if foreclosure proceedings are initiated on a property.

Subordination Agreement

An agreement that changes the priority of liens, allowing one lien to take precedence over another.

Substitution of Trustee

A document that appoints a new trustee in place of the original trustee named in a deed of trust.

Trustee’s Deed Upon Sale

A deed issued to the highest bidder at a foreclosure sale, transferring ownership of the foreclosed property.

Wet Ink Notary LLC is a mobile notary public near me in Upland, California servicing Rancho Cucamonga, Ontario, La Verne, Pomona, San Dimas, Corona, Chino Hills, Chino, Corona, Riverside, Fontana, San Bernardino, Rialto, Eastvale, Norco, and all of Los Angeles, San Bernardino, Riverside and Orange Counties!

 

Call us today at (626) 248-0349 to get started! 

222 West Hospitality Lane San Bernardino, CA 92415

Assessor Services: 909.387.8307

Recorder-Clerk Services: 909.387.8306

Sheri L. Freidrich, CPA is the current Treasurer and Tax Collector for Orange County California.

She is responsible for safe gaurding the funds collected from the community of Orange County.

As of August 16th, 2024, there are no scheduled auctions per the OC treasurers website.

Wet Ink Notary LLC is a mobile notary public near me in Upland, California servicing Rancho Cucamonga, Ontario, La Verne, Pomona, San Dimas, Corona, Chino Hills, Chino, Corona, Riverside, Fontana, San Bernardino, Rialto, Eastvale, Norco, and all of Los Angeles, San Bernardino, Riverside and Orange Counties!

 

Call us today at (626) 248-0349 to get started!