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House Approves Notary Law Changes, Adds Exception for Self‑proved Wills
Summary
The House passed House Bill 90 with a friendly amendment allowing certain self‑proving wills to be notarized by a witness who also signs, aligning the notary code with the Uniform Probate Code and Department of Commerce recommendations.
The Utah House on Feb. 2 approved House Bill 90, a set of amendments to notary law that tighten notary responsibilities, adjust procedures for notarizing plat maps on mylar and add penalties for employers who require notaries to sign documents they know to be false.
Representative Melvin R. Brown described three primary provisions: clarifying notary duties to avoid conflicts when a notary serves as witness, allowing an alternative notarization procedure for mylar subdivision plats to address smearing, and adding an employer‑liability provision where staff pressure a notary to certify a false document.
Representative Cannon moved a friendly amendment to permit witnesses to self‑prove wills under the narrow exception of Uniform Probate Code section 75‑2‑504(3). Brown and the sponsor noted consultation with the Utah Bar and Department of Commerce and agreed the amendment harmonizes the notary code with the probate provision. The amendment passed on the floor, and the bill as amended passed the House (floor record: 70 affirmative, 0 negative).
Representative Brown said the change preserves safeguards (malpractice liability and disciplinary exposure) while avoiding extra costs and court time for homebound individuals who need to execute wills.
