What is the legal way to sign documents for a deceased person?
What is the legal way to sign documents for a deceased person?
If they had a will, you can go to probate court and ask them to allow you to be the executor of the estate. You'll need to prove you're trustworthy, so they'll probably ask for some reference letters, your tax returns, bank statements for the past several years, etc.
The court
If they didn't have a will but have living relatives, those relatives can petition the court to become their guardians. Again, the court will likely want some proof of your suitability as an executor-of-guardian-in-waiting
Signature by Mark or Signature by Proxy
There are two ways to sign documents for a deceased person. The default way is to use a "Signature by Mark" or "Signature by Proxy." This is done by the person in question making an identifiable mark on the document. This can be a line, an X, or a circle. The other way is to have the person's signature notarized by a Notary Public.
Signature by Mark
Signature by Mark: If you choose to use Signature by Mark, you must be sure that this is allowed under your state laws. Many states do not allow it as it could be a fraud. If you live in one of these states, please consult an attorney before proceeding with this method. When signing by mark it is very important that the document be witnessed correctly and legally so that there are no questions later about whether it was fraud or not.
Signature by Proxy
In order to do this, you need two witnesses present when the deceased signs his or her name on the document. These two witnesses must then sign the document as well. The witnesses must fill out and sign an affidavit testifying that they saw the deceased sign his or her name on the document and that they witnessed these signatures being made as well. This affidavit will then be signed by a Notary Public who will be stamped by an attorney.
If you have questions, you can get a free consultation with the Best Probate Lawyers.
Parklin Law - Probate Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
