For a variety of reasons, some people do not have driver’s licenses or let them expire. While there may be good reasons for not having a current driver’s license, not having one may make it harder to get the documents that are essential to estate planning. If having a current driver’s license is not feasible or desirable, the state of North Carolina provides a solution: an Identification Card.
The Importance of Having Proper Identification for Estate Planning
An important part of estate planning is having certain estate planning documents. Most estate planning documents either require notarization or are enhanced by notarization. Powers of attorney (both general and health care) and living wills/advance directives require notarization to be valid. Written attested wills do not require notarization to be valid, but only require two witnesses. However, getting a will notarized means it is “self-proved” and can be probated without contacting the witnesses.
Identifying the Signer
In order for a notary to notarize a document, the notary must properly identify the person signing, called the principal. Unless the notary knows the principal personally (or knows someone personally who also knows the principal personally and is not a party or a beneficiary to the transaction, such as being a beneficiary of a will), the principal will need to present to the notary an acceptable form of identification. In North Carolina, acceptable forms of identification include any current state or federal government issued identification that has a photograph of the principal and is signed by the principal and/or has a physical description of the principal. The most common forms of identification that meet these criteria are state driver’s licenses and passports. Since any acceptable identification must be current, an expired driver’s license would not be acceptable.
The North Carolina legislature has passed a temporary emergency law that allows for video notarization. The law modifies the acceptable identification requirements and allows for expired identification if it expired after certain dates. For more information, please see the North Carolina Secretary of State’s page on the topic.
State Identification Cards: An Alternate Form of Identification
If you do not have a current driver’s license, there is an alternate way to get proper identification for notarization in NC: The State ID Card. The NC state ID Card looks like a North Carolina driver’s license, but it has “Identification Card” instead of “Driver’s License” and does not give the holder driving privileges. At this time, the ID card costs $14, but it is free if certain conditions are met. For more information, please see the DMV page on ID cards.
At this time, Identification Cards have to be applied for in-person at a local DMV office. Because of COVID-19, there are less offices open, and applicants can only visit by appointment. Please visit this DMV webpage for more information.
The information on this website is intended for general informational and educational use only and does not constitute legal advice nor is it tailored to your specific situation. The use of this website does not create an attorney-client relationship. Attorney Jon Rountree is only licensed to practice in North Carolina, and any information provided is based on NC law. Jon Rountree Law Firm, PLLC is not responsible for the content of links to outside websites.