List of Things a Notary Can Do
Short answer
A notary can perform various official acts including verifying identities, witnessing signatures, administering oaths, taking acknowledgments, and certifying copies of documents. This checklist breaks down the specific tasks a notary can do, grouped by stages, with examples, exact wording you might hear or use, common skipped services, and ways to keep your understanding current.
When should you use a notary and why?
Use a notary whenever a document requires an official, impartial witness to confirm the authenticity of a signature or statement. For example, if you are signing a mortgage agreement, selling a vehicle, or creating a power of attorney, these documents often need notarization to be legally valid. A notary’s role protects against fraud by confirming that the signer is who they claim to be and is signing voluntarily.
Before you go, check whether your document specifically requires notarization. Government agencies, courts, banks, and many businesses often require notarized documents to accept them. For instance, a will or an affidavit may require notarization to be accepted by a probate court. Using a notary also helps ensure that documents hold up under legal scrutiny.
When preparing, gather all documents, unsigned, and valid photo ID. Bring witnesses if your state allows them in place of ID. Knowing when to use a notary helps you avoid delays or rejections in important legal or financial transactions.
What are the primary tasks a notary can perform?
Here is a detailed list of what a notary can do, including exact wording and examples:
- Verify identity: The notary asks, “May I see your government-issued photo ID, such as your driver’s license or passport?” They check the ID’s validity and compare the photo to the signer. This ensures you are the person signing the document.
- Witness signatures: The notary watches you sign the document and says, “Please sign here in my presence.” They confirm the signature was made willingly and not earlier or later.
- Administer oaths or affirmations: When signing an affidavit or sworn statement, the notary says, “Do you swear or affirm that the contents of this document are true to the best of your knowledge?” The signer must respond “I do” or “I affirm.”
- Take acknowledgments: The notary asks, “Do you acknowledge that you signed this document voluntarily, for the purposes stated within?” The signer confirms. This certifies the signature’s authenticity.
- Certify copies of original documents: The notary states, “I hereby certify this is a true and accurate copy of the original document presented to me.” (Note: Some states restrict this service.)
- Record notarizations: The notary logs the signer’s name, type of ID, date, and document type in an official journal, creating a permanent record.
These tasks are the core functions a notary performs to add legal weight to documents.
What is the exact step-by-step notarization process?
To get your document notarized, follow these practical steps:
- Bring an unsigned document: Do not sign before the notary unless instructed.
- Present valid photo ID: Show a government-issued ID with your photo, such as a passport or driver’s license. The notary will say something like, “I’m verifying your identity with this ID.”
- Sign the document in the notary’s presence: The notary will say, “Please sign the document now, while I watch.” Signing beforehand can invalidate notarization.
- Answer an oath or affirmation if required: For jurats, the notary asks, “Do you swear or affirm that the statements in this document are true?” You respond verbally.
- Notary completes the certificate: The notary fills out the notarization certificate, including the date, type of notarization, and your name.
- Notary applies official seal or stamp: This stamp certifies the notarization formally.
- Notary signs and dates the certificate: The notary signs, finalizing the notarization.
- Notary records the transaction: The notary enters details in their official journal for legal record-keeping.
Following these exact steps ensures your notarization stands up legally.
What are examples of documents a notary can notarize?
A notary can handle many types of documents, including:
- Real estate deeds and mortgage documents: Buying or selling property almost always needs notarization.
- Powers of attorney: Granting authority to someone else requires notarization to verify consent.
- Wills and trusts: While notarization does not make a will valid everywhere, some states require it for proof of authenticity.
- Affidavits and sworn statements: For court or government filings, you swear to truthfulness in front of a notary.
- Vehicle title transfers: Many states require notarized signatures to transfer ownership.
- Business contracts: Some contracts require notarization to confirm voluntary signing.
The notary does not judge the document’s content or legality but confirms signatures and oaths.
Which notary services do people commonly skip but should not?
Many people skip these valuable notary services, which can cause problems later:
- Administering oaths or affirmations: Notaries can swear in witnesses or attest to truthfulness. This is essential for affidavits but often overlooked.
- Certifying copies of documents: When you need a “true copy” of an original document, such as a diploma or passport, a notary can certify it if your state allows. This can save time with agencies requiring verified copies.
- Using a notary journal: Notaries record all notarizations in a log. Requesting a notary who keeps a journal adds protection if questions arise about the notarization.
- Remote notarizations: Some states allow online notarizations via video calls—check if your state permits this to save time.
Don’t miss these services; they add important legal protections and convenience.
How do state laws change what a notary can do?
Notary powers vary widely by state. For instance, some states:
- Allow remote online notarizations where signers and notaries connect by video.
- Limit or prohibit notaries from certifying copies of certain documents.
- Require specific wording on certificates or limit notarization fees.
- Set rules on who counts as a credible witness if the signer has no ID.
To stay updated:
- Visit your state’s official notary public website for current rules and forms.
- Review the state's notary handbook or statutes regularly.
- Attend state-sponsored notary training or approved refresher courses.
- Subscribe to newsletters from professional notary organizations.
These steps help ensure your notarizations meet legal standards.
How can you keep your notary knowledge current and prepare for notarizations?
Maintain a checklist and take these practical steps to make notarizations smooth:
- Confirm what type of notarization your document needs (acknowledgment, jurat, witnessing).
- Ask the notary in advance what ID is acceptable and bring original documents.
- Do not sign documents before arriving unless specifically instructed.
- If you need a certified copy, confirm your state allows it and bring the original document.
- Keep a record of documents notarized, including date and notary’s name.
- Check your state’s notary rules yearly for updates.
By preparing and knowing your rights, you reduce errors and delays.
Checklist summary: What a notary can do and why
| Stage | Notary Tasks | Why It Matters |
|---|---|---|
| Identity Verification | Verify photo ID, confirm signer’s presence | Prevent impersonation and fraud |
| Witnessing Signatures | Watch signers sign, ensure voluntariness | Validates signatures are genuine |
| Administering Oaths | Swear-in signers for affidavits or statements | Confirms truthfulness of sworn documents |
| Taking Acknowledgments | Confirm voluntary signing and understanding | Certifies signer’s intent |
| Certifying Copies | Certify true copies of original documents | Provides legally accepted verified copies |
| Record Keeping | Log all notarizations in journal | Creates legal evidence and accountability |
| Offering Remote Services | Conduct notarizations via video if allowed | Adds convenience and access |
Use this checklist before your notary visit to prepare and understand services offered.
Frequently asked questions
Can a notary notarize documents for family members?
Notaries should avoid notarizing documents where they have a financial or beneficial interest or where impartiality could be questioned, such as for close family members, depending on state rules. It’s best to consult state regulations or a lawyer for guidance.
What if I don’t have valid ID for notarization?
Some states allow credible witnesses who personally know you to swear to your identity, but this varies. Contact your state’s notary office or legal aid for alternatives before your appointment.
How can I find a notary public?
Notaries are often available at banks, law offices, courthouses, shipping stores, and some public libraries. Some states provide online directories. Always confirm their commission status and services offered.
What is the difference between an acknowledgment and a jurat?
An acknowledgment certifies that you signed a document voluntarily. A jurat requires you to swear or affirm the truth of the document’s contents under oath. Both are performed by notaries but serve different legal purposes.
Are notarized documents valid in other states?
Generally, notarizations are recognized across states within the U.S., but some specific document types or certifications may have additional requirements. Check local rules if you plan to use the document in a different state.