When Do You Need a Notary Public? A Legal Guide

Whether you need a notary public depends on the document you’re signing and the laws that apply. Some legal documents must be notarized to satisfy execution or recording requirements, while others may benefit from notarization even when the law doesn’t require it.

Before you put your signature on a document that carries serious legal or financial consequences, contact a civil litigation attorney through the Super Lawyers directory.

What Does a Notary Public Actually Do?

A notary public serves as an impartial witness to certain signing and verification processes involving legal documents. The notary’s job is to follow the requirements established by state law, confirm the signer’s identity, and complete the appropriate notarial act.

A valid notary seal and an active notary public commission show that the person performing the act is authorized to do so. A notary may also rely on a credible witness when state law permits that method of establishing identity.

Before notarizing a document, the notary generally verifies the signer’s identity and confirms that the signer personally appears before them.

Two common notarial acts are an acknowledgment and a jurat. With an acknowledgment, the signer confirms that they signed the document voluntarily. With a jurat, the signer swears or affirms that the statements in the document are truthful. State law may authorize additional acts, including witnessing signatures and certifying copies. The Revised Uniform Law on Notarial Acts recognizes these and other notarial acts.

When Is Notarization Legally Required?

No single nationwide rule requires notarization for every type of legal document. State statutes and the specific document determine whether notarization is mandatory.

Common examples include real estate deeds, mortgages, deeds of trust, affidavits, and a power of attorney. Wills may be notarized to create a self-proving affidavit, while trust documents have different requirements depending on the circumstances.

Certified copies may also require authentication. Structured settlement transfers can involve notarized signatures, but other legal requirements, including court approval in certain cases, may apply.

When Is Notarization Strongly Advisable Even If It Isn’t Required?

Some legal documents don’t require notarization, but it can still be helpful to have them notarized to create an additional record of execution or to reduce disputes about signatures:

• Promissory notes
• Liens
• Bills of exchange
• Business agreements
• Releases and settlement documents
• Beneficiary or estate-related documents

Consider having legal documents that involve a significant amount of money or property notarized. It’s also wise to have documents that grant significant legal authority to someone notarized.

What Does a Notary Check Before Notarizing a Document?

Before a notary puts a stamp or electronic seal on your document, there are several things they need to verify. The exact requirements depend on applicable notary law, but the basic process confirms that the right person is signing and that the signing occurs under the required conditions.

Identity

The notary needs to establish who you are. Depending on state law, you may need to present a government-issued identification document, such as a driver’s license or identification card. Some jurisdictions allow other forms of satisfactory evidence of identity when a standard form of identification isn’t available.

The identity verification requirement prevents someone from signing a document in another person’s name. The notary may also need to determine that no conflict of interest would prevent them from performing the notarial act.

Personal Appearance

You generally must personally appear before the notary. With remote online notarization, that appearance can occur electronically when state law authorizes it.

Willingness

The notary should be able to determine that you’re acting willingly. If you appear to be signing because of coercion or improper pressure, the notary may refuse to complete the act.

Awareness or Capacity

The notary generally needs to determine only whether you appear aware of the act and able to participate as required by applicable law. However, a notary isn’t expected to be a doctor or lawyer. The notary generally needs to determine only whether you appear aware of the act and able to participate as required by applicable law.

Proper Notarial Act

Each state law has requirements for what qualifies as a proper notarial act. The notary must ensure their service satisfies those requirements. Generally, that means issuing an acknowledgment that you verified the signer’s identity and signed the document. If applicable, it also includes performing the required jurat.

What a Notary Does Not Guarantee

Several common misconceptions about notaries create confusion about their role in the legal process. Having a notary signature doesn’t automatically make the document legally enforceable. The document may still need to meet other requirements to be legally enforceable.

A notary doesn’t read the document to determine what it contains. They don’t verify that the parties understand the terms. The notary doesn’t confirm the document’s factual accuracy. They don’t verify if the terms are fair to the parties.

The notary also doesn’t verify the document’s legal enforceability. They don’t verify that the person signing has the legal authority to enter into the transaction.

Can You Use a Remote Online Notary?

The COVID-19 pandemic motivated many states to issue remote online notarization laws. However, many states have allowed those regulations to lapse or have since issued additional permanent laws to address electronic notarization.

Traditionally, someone needed to appear in person before a notary to validate their identity and sign the document. With remote notarization, the person appears in person through audio-visual technology. The Revised Uniform Law on Notarial Acts expressly provides a framework for remote online notarization using audio-video communication and identity-proofing technology. However, each state has its own requirements.

Electronic signing and remote online notarization (RON) are two different processes. An electronic signature is a digital signature. RON is the formal notarization process.

What Happens If a Document That Requires Notarization Isn’t Notarized?

The consequences of not notarizing a document when required depend on the jurisdiction. Several potential outcomes depend on the jurisdiction, the document, and the facts of the situation.

If the document is a will, it could no longer be self-proving. If it’s a recorded document, this may be prevented. The entire document, or parts of it, may not be legally enforceable.

Do You Need a Lawyer or Just a Notary?

A notary verifies your identity, confirms that you appear to be signing voluntarily, and performs the authorized notarial act. A civil litigation lawyer can explain the legal consequences of signing, drafting, or reviewing the document. Your lawyer can evaluate whether the document actually accomplishes what you want.

The notary handles the formalities. Your attorney helps make sure you understand what you’re signing.

Seek Legal Advice

Not every document needs a notary, but when notarization is required, getting the formalities wrong can create problems later. A lawyer can review the document, explain your obligations and rights, and identify the signing requirements that apply to your situation.

Before you sign something that could affect your legal rights, use the Super Lawyers directory to find a civil litigation attorney who can help.