When Do I Need a Notary Public?
Not every document needs to be notarized. However, notarization can be required by law, requested by an institution, or recommended when a document involves an important transaction.
What Is a Notary Public?
A notary public is a person commissioned by a state to perform specific notarial acts.
One of the primary responsibilities of a notary is to verify the identity of the person signing a document. The notary may also confirm that the person understands what they are signing and is signing voluntarily, depending on the type of notarial act.
A notary does not generally determine whether the information in a document is true or whether the contract is legally beneficial to you.
The notary's role is focused on the execution of the document and the applicable notarial requirements.
Do All Documents Need to Be Notarized?
No.
Many everyday documents can be signed without notarization. Whether a document needs a notary depends on the type of document, the law governing it, and the organization requesting it.
For example, a particular bank, government agency, court, employer, or business may require a notarized signature even when notarization is not universally required for that type of document.
Before making an appointment, check the instructions provided by the person or organization requesting the document.
1. Real Estate Documents
Real estate transactions are one of the situations where notarization may be required for certain documents.
Depending on the transaction and jurisdiction, you may encounter documents related to:
- Property transfers.
- Deeds.
- Refinancing.
- Mortgages.
- Powers of attorney related to property.
- Other real estate documents.
Because real estate laws vary by state, you should follow the specific instructions provided by the title company, lender, attorney, or government office handling your transaction.
2. Power of Attorney
A power of attorney allows one person to authorize another person to act on their behalf in certain matters.
Depending on the type of power of attorney and the state where it will be used, notarization may be required or strongly recommended.
A power of attorney may be used for matters involving:
- Finances.
- Property.
- Business transactions.
- Vehicle matters.
- Certain legal or administrative tasks.
Because this document can give another person significant authority, make sure you understand what you are signing before completing it.
3. Affidavits and Sworn Statements
You may need a notary when signing an affidavit or another document that requires you to swear or affirm that the information you are providing is true.
In these situations, the notary may administer an oath or affirmation before you sign or acknowledge the document.
The exact procedure depends on the type of document and the notarial act being performed.
4. Documents for Government Agencies
Certain government agencies may require notarized documents.
For example, you may encounter notarization requirements when completing particular applications, authorizations, declarations, or other official paperwork.
However, government requirements can change, so it is important to verify the instructions for the specific document.
If the agency says that a signature must be notarized, signing the document in advance without following the required procedure could result in delays.
5. Business Documents
Business owners may encounter documents that require notarization.
Examples can include certain:
- Contracts.
- Corporate documents.
- Authorizations.
- Statements.
- Agreements.
- Powers of attorney.
- Financial documents.
Whether notarization is required depends on the document and the parties involved.
If you are signing an important business agreement, you should understand whether the document requires notarization before signing.
6. Estate Planning Documents
Some estate planning documents may involve notarization.
Depending on your state and the type of document, notarization may be relevant to:
- Trust documents.
- Powers of attorney.
- Certain estate-related forms.
- Other legal instruments.
Estate planning requirements can be very specific, and notarization is only one part of the execution requirements that may apply.
For important estate planning documents, consider following the instructions of an estate planning attorney.
7. Documents Involving Another Country
You may also need notarization when preparing documents that will be used outside the United States.
For example, you might need a notarized document for:
- International business transactions.
- Property matters abroad.
- Authorization documents.
- Immigration-related paperwork.
- Family matters.
- Documents being sent to another country.
In some situations, notarization may be followed by an apostille or another authentication process.
If the document will be used in another country, find out exactly what that country's authority requires before you have the document notarized.
8. Vehicle and DMV Documents
Some vehicle-related documents may require notarization depending on the state and the particular transaction.
Examples can include certain:
- Powers of attorney.
- Vehicle transfer documents.
- Authorization forms.
- Statements or affidavits.
Always check the requirements of your state's DMV or the agency handling the transaction.
What Do I Need to Bring to a Notary?
When visiting a notary, you will generally need to provide acceptable identification.
Depending on the jurisdiction and type of notarization, this may include a government-issued identification document such as:
- Driver's license.
- State identification card.
- Passport.
You should also bring the complete document that needs to be notarized.
Do not sign the document ahead of time unless the notary or the instructions specifically tell you that you may do so. Some notarial acts require the signer to sign in the presence of the notary.
Does a Notary Review My Contract?
Generally, no.
A notary's job is not usually to determine whether a contract is fair, explain complicated legal terms, or tell you whether you should sign.
For example, if you are signing a business contract, real estate agreement, or power of attorney, the notary generally does not act as your attorney.
If you do not understand the legal consequences of a document, consider speaking with an appropriate attorney before signing it.
Can a Notary Certify That Everything in My Document Is True?
Not necessarily.
A notary generally verifies the required aspects of the signing process, such as identity and acknowledgment or oath, depending on the notarial act.
The notary does not normally investigate the facts contained in the document.
For example, if you sign a statement containing financial information, the notary is not necessarily verifying that the financial information is accurate.
What If I Sign the Document Before Going to the Notary?
This depends on the type of notarization required.
Some notarial acts require the signer to personally appear before the notary and acknowledge the signature. Other documents may require the person to sign in the notary's presence.
The safest approach is to follow the instructions provided by the notary or the organization requesting the notarization.
If you already signed the document, tell the notary before proceeding.
Can a Notary Refuse to Notarize My Document?
Yes.
A notary may be unable to perform the requested notarization if the legal requirements are not satisfied.
For example, issues may arise if:
- You do not have acceptable identification.
- You are not personally present when required.
- The document is incomplete.
- The required notarial wording is missing or incorrect.
- The notary has concerns about your willingness or awareness.
- The requested act is not authorized under applicable law.
A notary should follow the laws and rules governing notarial acts in the relevant jurisdiction.
When Should I Contact a Notary?
You may need a notary when:
- An organization specifically requires notarization.
- You need to execute certain legal documents.
- You are signing a power of attorney.
- You need to sign an affidavit.
- You are completing certain real estate transactions.
- You have documents that will be used internationally.
- A government agency specifically requires a notarized signature.
If you are unsure, check the document's instructions or ask the organization that provided it.