Q: Who is responsible for writing the notarial blocks on real estate and estate planning documents?

A: Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.

At the same time, it is common for some entities in the real estate world, especially lenders, to do business in more than one state. Some do business in all 50 states. And they do not always take care to tailor their notarial affidavits to each state's laws. It is common for notaries in certain states to have to attach their own notarial affidavits or certificates for this reason. If you encounter this, just attach your own form. It is unlikely you will ever succeed in obtaining an audience with the person in charge of maintaining their "forms" in order to explain why they are wrong.

Another serial violator is the United States Government. Many agencies have required "forms" that can't be changed and yet the notarial affidavit, meant for use in every state, is utterly unusable and invalid in many states. The usual solution is, again, to attach your own notary affidavit and hope for the best. No matter what, do not risk the violating terms of your commission by caving into anyone else's form.

It is relatively uncommon for an attorney preparing estate planning documents, e.g. living trusts, to not know the notarial affidavit requirements for the state in which the documents are to be signed. If you encounter that, call the attorney and explain the problem. Most likely you are encountering this problem not with attorney-prepared documents but, rather, with forms downloaded by individuals from the internet. In that case, again, yes, you are going to have to attach your own forms.