⚖️ 1. Elevated Legal Risk
Estate documents carry long-term legal consequences and are more likely to be challenged later in court. If a bank notary improperly notarizes a signature or fails to follow exact formalities, the institution (or the notary personally) could be drawn into litigation.
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Deeds, for example, usually require two witnesses plus a notarized self-proving affidavit—if done incorrectly, the will might be deemed invalid.
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Powers of attorney can be abused, and banks are cautious about validating them.
🏢 2. Corporate Liability and Policy Restrictions
Banks typically allow notaries on staff to notarize:
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Internal documents (e.g., loan forms, account authorizations)
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Basic acknowledgments for customers
However, many institutions have policies against notarizing “third-party legal documents” not prepared or reviewed by the bank’s legal team—especially those involving estate planning, family law, or real estate.
🧾 3. Complexity and Witness Requirements
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Estate documents often require specific witness rules, which not all banks are equipped to provide.
- You must also ensure two witnesses, unrelated to the transaction and who are not your immediate family members, are also present to witness you sign the document in front of the notary. Not all banks have the staff to accomodate this time-consuming legal task.
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Staff may be untrained on state-specific formalities, and they may worry about unintentionally invalidating a document.
🔒 4. Potential for Undue Influence or Capacity Issues
Notaries must ensure the signer is:
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The person who is actually signing
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Willingly signing
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Appears to understand the document
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Is not under duress
Estate documents raise heightened concerns about capacity or coercion, especially for elderly or vulnerable individuals. Bank notaries aren’t trained to make those judgments—so they avoid the risk entirely.
✅ Best Alternatives:
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Use a mobile (online) notary service that also offers witnesses.
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UPS offers this service for $20 per document (as of June, 2025).
- If you live in an HOA community (homeowner's association) and it has a managment office onsite. It is likely there is a notary working there. Just make sure you have two witnesses present at the time of notarization.
- Search online for a private notary service near you.
