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What is a Notary?

A Notary Public is a government-appointed official who acts as a neutral witness when people sign important documents. Their primary function is to prevent fraud, support consumer confidence, and uphold public trust in transactions like deeds, wills, and powers of attorney.

Impartiality is the foundation of the Notary's public trust. They are duty-bound not to act in situations where they have a personal interest. The public trusts that the Notary's screening tasks have not been corrupted by self-interest. And impartiality dictates that a Notary never refuse to serve a person due to race, nationality, religion, politics, sexual orientation, or status as a non-customer.

Why do documents need to be notarized?

Notarizations are authenticating processes to ensure that signed documents can be trusted. A properly notarized document provides assurance that:

  • A document is authentic

  • Its signature is genuine

  • Its signer acted willingly without duress or intimidation

This process protects the rights and property of private citizens from forgers, identity thieves and those who exploit the vulnerable.

Keep in mind that notarizing a document does not make the document true or legal if it wasn’t legal beforehand.

How does a notarization work?

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During a notarization, you’ll meet with the Notary at your designated location whether that's your home or the Notary’s office. The Notary will request a form of ID to verify your identity. Next, the Notary will confirm you're aware of what you're signing and you're willing to move forward with the transaction.

In some cases, a Notary will ask you for an oath or affirmation in which you declare that the information contained in the document is true, often under penalty of perjury.

The Notary will scan your documents and certify your signature with their official seal and certificate. They may then make an official record of the notarial act in their journal, depending on their state’s requirements.

What Notaries cannot do

Notaries may not help you choose the notarization you need. If you're unsure of what type of notarization you need, contact the document issuer or the agency requesting the notarization.

Notaries are also prohibited from providing legal advice or preparing legal documents unless they're also an attorney. Unlike Notaries in foreign countries, a U.S. Notary Public is typically not an attorney, judge, or high-ranking official. A U.S. Notary is not the same as a Notario Publico and these differences can be confusing for immigrants when they approach Notaries in this country.

Prepare For Your Notarization

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From adoptions to home loans and powers of attorney, Notaries play a part in some of life's most important moments. Therefore, they must follow strict practices and procedures to serve you, their clients.

To avoid any issues—or the possibility of having your request declined or the notarization rejected—preparation on your part will help get your notarization done right. And it all starts with finding the right Notary for your needs.

Know what type of notarization you need

Because the Notary cannot advise or choose for you, it's essential that you know what type of notarization to request. Of the various notarial services available, these are three of the most common:

  • Acknowledgment

  • Jurat

  • Copy Certification

If you're unsure what type of notarization you need, contact the document drafter or receiving agency to confirm.

Check for blank spaces on your document

Scan through your document for blank spaces, missing dates, and empty lines before you arrive for your notarization. In most cases, a Notary must refuse a notarization if the document isn't complete. This protects you from potential fraud.

Have a proper form of identification

A Notary cannot perform a notarization unless you present an acceptable form of identification. Make sure you bring one of the following to your appointment:

  • State-issued driver’s license

  • State-issued ID card

  • U.S. passport issued by the U.S. Department of State

  • U.S. military ID

  • State, county, and local government IDs

  • Permanent resident card or “green card” issued by the U.S.

Keep in mind that acceptable identity documents can vary from state to state. If you don't have proper ID, you may be able to use a credible identifying witness—a person with an acceptable ID who will swear to the Notary that they know you. For more information, ask your Notary.

Be present, willing, and aware

Whether in person or online through remote technologies, a document signer must communicate face-to-face with their Notary. Also, know that your Notary will ask you if you are signing your document willingly and if you are aware of its contents. If these two requirements are not met, you cannot get your document notarized.

Bonus Tip: Understand your Notary’s fees

Notary fees vary state-by-state, and sometimes travel, administrative, and technology service fees can apply. It's a good idea to discuss fees with your Notary before your appointment so your signing goes smoothly!

Acceptable ID Needed for Notary

One of the most important steps during a notarization is confirming your identity. As government-appointed public officials, Notaries Public are required to verify you are who you claim to be.

In most cases, presenting a current identity document (ID) issued by the state or federal government is sufficient evidence for Notaries to confirm your identity because they contain your photograph, physical description, and signature.

Acceptable forms of ID include, but are not limited to:

  • State-issued driver’s licenses

  • Passports

  • Military IDs

  • State, county, and local government IDs

  • Permanent resident “green cards”

  • Inmate IDs

The following documents are not acceptable for notarizations: Social Security cards, birth or marriage certificates, credit cards, school IDs, library cards, and temporary driver’s licenses.

Personal Knowledge

The original method of verifying a person’s identity is using personal knowledge. If you and the Notary have known each other for a period of time, the Notary may be able to accept this identification method for the notarization.

Please note: California prohibits Notaries from using personal knowledge to confirm a person’s identity.

Credible Identifying Witnesses

If you don’t have an acceptable form of ID, you may bring someone you know and who is also personally known to the Notary to vouch for your identity. Considered a credible identifying witness, this person must bring a valid ID and be willing to swear to your identity.

Subscribing Witnesses

If you’re unable to appear before a Notary Public due to illness, disability, or physical absence, you may have the option to use a subscribing witness.

A subscribing witness is a person who witnesses the signing of a document and then subscribes (signs) their own name to the document as a witness to attest to the fact that they observed the signing of the document.

To avoid any delays during the notarization process, ask your Notary Public the types of identification methods they accept and how many forms of ID are required. Coming into your appointment with valid documents ensures a smooth and quick transaction.

Choose a Notarization

Choosing the right notarization helps speed up that process and makes sure your documents are notarized correctly. Before contacting a Notary, know what type of notarization you’ll need. Below are the most common types of notarial acts.

Types of notarizations

Acknowledgment

An acknowledgment is needed to declare that you have willingly signed a document. Acknowledgments are most often performed on transactions regarding property or assets, such as deeds, mortgages, and deeds of trust.

Jurat

A jurat requires you to swear or affirm that the document’s contents are true. This notarial act certifies that the document signer has sworn or affirmed, under oath, that the contents of a document are true and correct.

Depending on the state or county, jurats may also be referred to as affidavits or verifications on oath or affirmation. Jurats are most often performed on evidentiary documents in the justice system, like affidavits, depositions, and interrogatories.

Oaths or affirmations

An oath or affirmation is for you to verbally attest that you are telling the truth or upholding specific values. The difference between an oath and affirmation is that an oath involves swearing to a higher power, such as God, whereas an affirmation is telling the truth based on your personal honor.

You get to choose whether you’d like to take an oath or affirmation based on your preference.

Copy certification

A copy certification confirms that the copy of a document is an exact match of the original. They are most often performed on personal vital records and business transactions, including:

  • Diplomas

  • Driver’s licenses

  • Leases

  • Contracts

  • Vehicle titles

  • Social Security cards

  • Medical records

  • Bills of sale

Before asking a Notary for copy certification services, check with your state to see if this notarization is allowed.

Signature witnessing

A signature witnessing is done to confirm that you are who you claim to be and that the signature on record belongs to you. While signature witnessings are somewhat uncommon, some U.S. states authorize Notaries to certify that a document was signed in their presence and that they were an official witness to the signing.

If you’re unsure about the type of notarization you need, contact the document issuer or receiving agency for guidance. Remember, Notaries may not choose the notarization for you as that is considered unauthorized practice of law.

Find a Notary that specializes in your notarization
From healthcare to court documents, some Notaries specialize in notarizing in specific fields. Our nationwide database delivers a list of Notaries in your area, along with the notarization services they provide, years of experience, spoken languages, and availability. Once you find the right Notary for the job, give the Notary a call or complete the contact form to schedule an appointment.

Your Guide to Commonly Notarized Documents

Hundreds of millions of documents are notarized every year in the United States, most of which are required by “relying parties” — like mortgage companies, government agencies, and insurance companies. A document is notarized to ensure it’s authentic and it can be trusted. While just about anything with a signature can be notarized, below are the most commonly notarized documents by category.

  • Financial

  • Estate Planning

  • Real Estate

  • Healthcare

  • Family Law

  • Legal

  • Authorization/Permission

  • Verification

Financial

Mortgage and refinance documents: Solidify your agreement with a lender for borrowing money to purchase or refinance real estate.

Examples include the Deed of Trust, which grants the lender a security interest in your property, and the Promissory Note, outlining the loan terms.

Personal loan documents: Enforces the conditions and terms of the personal loan and protects both parties involved.

Payment agreements: Clarifies a repayment plan between parties for a debt, outlining the amount owed, timeframe, and potential consequences for non-payment.

Estate planning

Powers of attorney: Allows you to designate a trusted person (agent) to manage your financial affairs if you become incapacitated.

Wills: Specifies how you want your assets distributed after your death.

Trust documents: Allows you to manage assets and distribute them according to your wishes, potentially offering tax benefits and bypassing probate.

Real estate

Title transfers: Officially transfers ownership of real estate from the seller to the buyer.

Healthcare

Advance medical directives: Allows you to express your wishes for medical care in case you are unable to communicate them yourself.

Family law

Adoption agreements: Outlines the adoption process and parental rights.

Custody agreements: Outlines the parental rights and responsibilities for childcare.

Parental consent for travel: Grants permission for a minor child to travel with someone other than a legal guardian. These documents may also be referred to as child travel authorization or consent for child passport.

Legal

Affidavits: Verifies the truth of a particular matter via sworn statements.

Contracts: Outlines the rights and obligations of involved parties.

ID theft victim’s complaint and affidavit: Used to report and provide sworn testimony about identity theft.

General letter of consent: Permission granted in writing for a specific action (may also be used for non-legal purposes).

Authorization/permission

Letter of agreement: Functions as an authorization for someone to act on your behalf or a less formal contract outlining terms between parties.

Letter of authorization: Explicitly grants permission to someone to take a specific action on your behalf.

Verification

Proof of residency: Verifies your current address, such as a utility bill or bank statement.

Personal affidavit: Used for verification purposes or legal matters via sworn statements.

If your document is not listed above, check with the receiving agency to confirm whether your document requires a Notary.

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