In this guide
What Is Notarization?
Notarization is a process where a notary public – a state-commissioned official – verifies your identity, witnesses your signature, and ensures you're signing voluntarily and understand the document. The notary then affixes their seal and signature, making the document 'notarized.'
The notary's role is to deter fraud and ensure the integrity of the signing. They are not verifying the truth of the document's contents, but rather that the person signing is who they claim to be and is acting of their own free will.
Notarization typically involves three steps: personal appearance before the notary, presentation of acceptable identification, and signing the document in the notary's presence. Some states also require an oath or affirmation for certain documents.
- Personal appearance: You must physically appear before the notary (or via approved remote online notarization in some states).
- Identity verification: Usually a government-issued photo ID, such as a driver's license or passport.
- Willingness: The notary may ask if you're signing voluntarily.
- Record-keeping: Notaries often keep a journal of notarizations.
When Is Notarization Required?
Notarization is required for many legal documents to ensure authenticity and prevent fraud. Common examples include real estate deeds, mortgages, powers of attorney, wills, trusts, and certain contracts like prenuptial agreements.
State laws vary on which documents must be notarized. For instance, some states require notarization for vehicle title transfers, while others don't. Always check your state's specific requirements or ask the receiving agency.
Even when not required by law, parties often choose to notarize documents to add a layer of credibility and make them easier to enforce or record. For example, notarizing a contract can help prove it was signed by the actual parties.
- Real estate transactions: Deeds, mortgages, lease agreements (in some states).
- Estate planning: Wills, living trusts, powers of attorney.
- Family law: Adoption papers, marriage licenses, prenuptial agreements.
- Business documents: Articles of incorporation, partnership agreements.
- Court documents: Affidavits, sworn statements.
The Notarization Process Step by Step
First, locate a notary. You can find them at banks, credit unions, law offices, shipping stores, or through online directories. Some states allow remote online notarization via video call. You can legal forms with a state-specific template here.
Bring the unsigned document (unless your state allows signing before, but most require signing in the notary's presence), a valid government-issued photo ID, and any required witnesses. Some documents require additional witnesses to observe the signing.
The notary will verify your identity, check that you understand the document, witness your signature, and then complete a notarial certificate. The certificate includes the date, your name, the type of notarization, and the notary's seal and signature.
- Ensure the document is complete but not signed (unless the notary instructs otherwise).
- Bring a current, valid ID with a photo and signature.
- If witnesses are required, they must also appear with valid ID.
- Pay the notary's fee (often $5-$15 per signature, but state-set).
- Review the notarial certificate to ensure it's filled out correctly.
Types of Notarization: Acknowledgments vs. Jurats
There are two main types of notarization: acknowledgments and jurats. An acknowledgment is used when you sign a document to declare that you are the person named and that you signed voluntarily. The notary verifies your identity but you sign in the notary's presence.
A jurat is used for sworn statements, such as affidavits. You must sign the document in the notary's presence and then take an oath or affirmation that the contents are true. The notary certifies that you made the oath.
The difference matters because using the wrong type can invalidate the notarization. For example, a deed typically requires an acknowledgment, while an affidavit requires a jurat. Check the document's instructions or ask the notary.
- Acknowledgment: You sign in the notary's presence, proving identity and willingness.
- Jurat: You sign, then swear under oath that the statements are true.
- Certificate wording: Look for 'acknowledged' or 'subscribed and sworn to' on the document.
- State variations: Some states have specific forms for each type.
Remote Online Notarization (RON)
Remote online notarization allows you to have a document notarized via live video call with a notary who is in a different location. This became more common after the pandemic and is now permanent in many states.
Not all documents can be notarized remotely. Some states restrict RON to certain types, like real estate documents, while others allow it for most. Also, the notary must use approved technology and often must be commissioned in your state.
If you want to use RON, check your state's laws. You'll typically need to upload the document, verify your identity with security questions and ID scan, and sign electronically during the video session. The notary will attach a digital seal.
- Check if your state allows RON and for which documents.
- Use a reputable RON platform that complies with state regulations.
- You'll need a computer or smartphone with a camera and internet.
- Identity verification may include knowledge-based authentication (KBA).
- Digital signatures and seals are used instead of wet ink.
Common Mistakes to Avoid When Getting Documents Notarized
One of the most common mistakes is signing the document before meeting the notary. In most cases, the notary must witness your signature. If you sign in advance, the notary may refuse to notarize it, and you'll have to re-sign.
Another mistake is bringing incomplete documents. The notary cannot notarize a document with blank spaces, as that could be considered fraud. Ensure all fields are filled in, except for signatures that need to be made in the notary's presence.
Also, be sure to bring the correct type of ID. A photo ID with your signature is standard. Some states accept non-photo IDs if they are current and government-issued, but it's safer to bring a driver's license or passport.
- Don't sign before the notarization appointment.
- Fill out all blanks, except those requiring in-person signatures.
- Bring proper identification – check your state's list of acceptable IDs.
- If witnesses are needed, ensure they are present and have IDs.
- Don't forget to pay the notary fee or bring exact change.