Is It Notary or Notary Public?

Everyone · Explainer · Updated October 1, 2026 · LearnLife Editorial

What Is a Notary Public and How Does It Work?

A notary public is an official authorized by a state government to act as an impartial witness during the signing of important documents. This role helps prevent fraud by confirming the identity of the signer, ensuring they are signing voluntarily, and verifying they understand the document’s contents. After these steps, the notary applies an official seal or stamp with their signature to certify the notarization.

For example, imagine you are selling your car. The state requires the title transfer document to be notarized to show that you genuinely signed it. A notary public will ask to see your valid photo ID, watch you sign the title, then stamp and sign the document with their official notary seal. This notarization proves to the Department of Motor Vehicles that the signatures are authentic and the transaction is legitimate.

The notary public’s role is crucial in many scenarios: real estate closings, loan agreements, powers of attorney, wills, and certified copies of documents. Each notarization adds a layer of trust that the signatures and documents are authentic and executed properly.

Why Is the Term "Notary Public" Used Instead of Just "Notary"?

The phrase "notary public" emphasizes the legal and public nature of the role. The word "public" means that the notary serves on behalf of the government and the community, not a private interest. This distinguishes them from someone who might witness a signature informally without legal recognition.

For example, a friend witnessing your signature on a simple letter isn’t a notary public and cannot provide legal proof that the signature is genuine. A notary public is commissioned by the state to perform these tasks with legal authority.

Though many people casually say "notary," official documents and state commissions use the full term "notary public." This is the correct legal title for the person authorized to notarize documents.

How Does One Become a Notary Public?

Becoming a notary public involves several state-specific steps. The process generally includes:

1. Meeting Eligibility Requirements: Most states require applicants to be at least 18 years old, reside in the state, and have no felony convictions.
2. Completing an Application: This is submitted to the state’s commissioning authority, often the Secretary of State’s office.
3. Paying a Fee: Application and commissioning fees vary by state.
4. Passing a Background Check or Exam: Some states require a test about notary laws and procedures and a background check.
5. Obtaining a Surety Bond: Many states require a bond to protect the public from errors or misconduct.
6. Receiving a Commission Certificate: After approval, the state issues a commission certificate authorizing the applicant as a notary public.
7. Purchasing Notary Supplies: These usually include an official seal or stamp and a journal to record notarizations.

For example, if you live in California and want to become a notary public, you would file an application with the Secretary of State, pay the fee, take a training course, pass an exam, get fingerprinted for a background check, and obtain your commission before starting.

What Are Common Confusions About Related Terms?

Many people confuse related terms involving notaries. Here are clear distinctions:

• Notary vs. Notarize: A "notary" is the person authorized to perform notarizations. "To notarize" is the action of certifying a signature or document.
• Notary Public vs. Notary License or Certificate: The "license" or "commission certificate" is the official document issued by the state authorizing someone to act as a notary public; it is not the person themselves.
• Notarized vs. Notary Public Signature: A "notarized" document has been certified by a notary public. The "notary public signature" is the actual signature the notary applies to the document to confirm the notarization.
• Notary vs. Notary Public: "Notary public" is the full, formal title; "notary" is a common shorthand.

Understanding these terms helps you use the correct language when requesting or describing notarization services.

Why Does Knowing the Difference Matter to You?

Understanding that the correct term is "notary public" and what their role is can protect you in many situations. Notarized documents carry legal weight because the notarization provides independent verification of signatures and prevents fraud.

For instance, if you sign a power of attorney without a notarization, some banks or institutions may reject it. However, a power of attorney notarized by a properly commissioned notary public is much more likely to be accepted because it confirms that you signed willingly and understood the document.

Similarly, real estate transactions, which involve large sums of money and important legal rights, almost always require notarization. Knowing who a notary public is and why their role matters helps you avoid mistakes that could delay or invalidate these transactions.

What Should You Do If You Need a Document Notarized?

If you need a document notarized, follow these steps to find and use a notary public effectively:

1. Locate a Notary Public: Many banks, law offices, and even some shipping stores offer notary services. Mobile notaries can come to your location for convenience.
2. Bring Proper Identification: You will need a government-issued photo ID, such as a driver’s license or passport, to verify your identity.
3. Do Not Sign the Document Ahead of Time: Most notaries require you to sign the document in their presence.
4. Understand the Document: The notary public may ask if you understand the document and are signing voluntarily.
5. Receive the Notarization: The notary public will sign, stamp, or seal the document and may fill out a journal entry confirming the notarization.
6. Keep the Notarized Document Safe: The notarized document is often a legal record, so keep it in a secure place.

For example, if you are signing a will or a financial power of attorney, schedule an appointment with a notary public. Bring your ID and the unsigned documents, sign them in front of the notary, and receive the notarization that makes your documents legally recognized.

How Should You Describe a Notary Public Correctly?

When referring to a notary public in writing or conversation, use the full phrase "notary public" for clarity and formality, especially in legal or official contexts. If you use "notary," clarify that it means the state-appointed official.

Here are some example sentences with correct usage:

• "I made an appointment with a notary public to notarize my affidavit."
• "The notary public verified my identity before witnessing my signature."
• "You need to have your documents signed and stamped by a notary public to be legally valid."
• "The notary asked for my driver’s license before notarizing the contract."

Avoid calling a notary a "notary license" or "notary certificate." These terms refer to the authorization documents, not the person.

If you want to learn more about the role and significance of notaries, articles like What Does Notary Mean? and How to Describe a Notary provide further insights.

Frequently asked questions

Is a notary public the same everywhere in the U.S.?

The title "notary public" is standard throughout the U.S., but each state sets its own requirements for becoming one and how notarizations are performed.

Can a notary public refuse to notarize a document?

Yes, a notary public can refuse to notarize if the signer cannot provide proper ID, does not appear to understand the document, or is not signing voluntarily.

Do all documents need a notary public to be valid?

No, not all documents require notarization. But many legal, financial, and real estate documents often do to add authenticity and prevent fraud.

What is the difference between a notary public and a lawyer?

A notary public witnesses signatures and certifies documents but does not provide legal advice. A lawyer can do both.

Is there a difference between "notarized" and "certified" documents?

Yes. A notarized document is signed in the presence of a notary public. A certified document is a copy that is verified as a true copy of an original, sometimes also done by a notary public.