What Is a Notary Public?
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A notary public is a person appointed by a state government to serve as an impartial witness in the signing of important documents. The core purpose is fraud prevention. When a document is notarized, it means a state-authorized official verified the signer’s identity, confirmed the signer was acting willingly, and in some cases, administered an oath that the document’s contents are true.
Notarization does not make a document legally valid. It does not approve the contents of the document or guarantee that the document is true. What it does is create a trusted record that the person who signed was who they claimed to be and that they signed voluntarily.
What Does a Notary Actually Do
Notaries perform several specific acts, each with its own procedure:
Acknowledgments
The most common notarial act. The signer appears before the notary, proves their identity, and acknowledges (confirms) that they signed the document voluntarily. The signer can sign the document before coming to the notary. The notary is not confirming that the signer signed in their presence, only that the signer is the person named in the document and that they acknowledge the signature as their own. Acknowledgments are used for real estate deeds, powers of attorney, contracts, and similar documents.
Jurats
A jurat is different from an acknowledgment. The signer swears or affirms that the contents of the document are true, and they must sign the document in the notary’s presence. The notary administers an oath or affirmation before the signer signs. Jurats are used for affidavits, sworn declarations, and any document where the signer is making a statement under penalty of perjury.
Oaths and Affirmations
A notary can administer an oath (a sworn promise invoking a higher power) or an affirmation (a solemn promise without religious reference). Both carry the same legal weight. Court witnesses take oaths before testifying. Depositions begin with an oath. Some government applications require sworn statements.
Copy Certifications
In states that allow it, a notary can certify that a photocopy is a true and accurate reproduction of an original document. The notary compares the copy to the original and attaches a certificate. Not all states permit copy certification, and most states that do exclude vital records (birth, death, and marriage certificates).
Signature Witnessing
Some states have a separate notarial act for signature witnessing, where the notary watches the person sign and verifies their identity but does not administer an oath. This is distinct from both acknowledgments and jurats.
How Someone Becomes a Notary
Notaries are commissioned by their state government, usually through the Secretary of State’s office. The requirements vary by state but generally include:
- Age and residency: at least 18 years old and a legal resident of the state (or in some cases, employed in the state)
- A background check in many states, screening for felony convictions or crimes involving moral turpitude
- A notary education course (required in about 12 states, including California, Florida, and Colorado)
- A passing score on a notary exam (required in about 10 states)
- A notary surety bond (required in about 30 states, typically $5,000 to $25,000)
- An application and filing fee (ranges from $10 to over $200 depending on the state)
Once approved, the notary receives a commission certificate and purchases a notary seal (stamp or embosser) that bears their name, commission number, and expiration date. Commissions typically last 4 years, though some states issue 5-year or 10-year commissions.
When You Need a Notary
Documents that commonly require notarization include:
- Real estate deeds and mortgage documents
- Powers of attorney
- Affidavits and sworn declarations
- Loan closing documents (when working with a notary signing agent)
- Divorce settlement agreements
- Immigration affidavits of support
- Adoption papers
- Name change petitions
- Permission to travel letters for minors
Not every document needs notarization. Contracts between two parties generally do not require a notary unless the contract involves real estate or a specific statute requires it. A document that says “notarization recommended” does not legally require it, though having it notarized strengthens its evidentiary value if it is ever challenged in court.
How Notarization Works in Practice
The process is straightforward regardless of where you go:
- The signer brings the unsigned document (or signed, if it is an acknowledgment) and a valid government-issued photo ID to the notary.
- The notary verifies the signer’s identity by examining the ID and comparing the photo and name to the person in front of them.
- The notary confirms the signer understands what they are signing and is acting voluntarily. If the notary suspects coercion or the signer appears confused about the document, the notary should refuse to proceed.
- The signer signs the document (or has already signed it, for acknowledgments). For jurats, the notary administers the oath first.
- The notary completes the notarial certificate, signs it, and applies their seal.
- The notary records the transaction in their official journal (required in most states, strongly recommended in all).
The entire process takes 5 to 10 minutes for a standard document.
Types of IDs Notaries Accept
Acceptable identification varies by state, but the following are accepted almost everywhere:
- State-issued driver’s license or ID card
- U.S. passport or passport card
- Military ID
- Foreign passport (accepted in most states)
Some states also accept permanent resident cards (green cards), tribal ID cards, and consular IDs (matricula consular). A few states allow credible witnesses (people who know the signer and can vouch for their identity under oath) when the signer lacks proper ID.
How Much Notarization Costs
State laws set the maximum fee a notary can charge per notarial act. These fees range from $2 per signature in New York and Georgia to $15 in California, Colorado, and Washington. About a dozen states (including Texas for the first signature, Alaska, and Kentucky) do not set a maximum fee. Banks and credit unions often provide free notarizations for account holders.
Mobile notaries who travel to the signer’s location charge additional travel fees, typically $50 to $150 on top of the notarization fee. Notary signing agents who handle full mortgage closing packages charge $75 to $200 per signing.
What a Notary Cannot Do
- A notary is not a lawyer (unless they happen to be one separately) and cannot give legal advice. That means no explaining what a document means, no suggesting whether to sign, and no recommending changes to the text.
- A notary cannot notarize their own signature or a document from which they would personally benefit.
- The signer must appear before the notary in person (or via approved RON technology in states that allow remote notarization). No exceptions for phone calls, video chats outside of RON, or someone signing on the signer’s behalf.
- Documents with blank spaces cannot be notarized. Material blanks must be completed or struck through first.
- In most states, a notary cannot notarize a document they prepared themselves. California allows this only for powers of attorney under specific conditions.
Remote Online Notarization (RON)
Over 40 states now authorize some form of remote online notarization, where the signer and notary connect via live video rather than meeting in person. The notary verifies identity through credential analysis (scanning the ID) and knowledge-based authentication (security questions). The document is signed electronically, and the notary applies an electronic seal and signature.
RON is convenient but not a replacement for all in-person notarizations. Some transactions still require physical presence (certain real estate closings, documents filed in jurisdictions that do not accept electronic notarization). RON platforms like Notarize (Proof), NotaryLive, and DocVerify charge $25 to $50 per session.
Notary Public vs. Notary Signing Agent
The distinction matters for anyone in the mortgage or real estate industry. A notary public is appointed by the state to perform general notarial acts. A notary signing agent is a notary public who has completed additional training and certification (typically through the National Notary Association or Loan Signing System) to handle mortgage loan closing documents.
Signing agents walk borrowers through the entire loan package, ensuring each document is signed, dated, and notarized correctly, then return the package to the title company or lender. They earn $75 to $200 per signing, far more than a standard notarization fee.
Frequently Asked Questions
What is the main purpose of a notary?
Fraud prevention. The notary verifies the signer’s identity, confirms the signer is acting voluntarily, and creates a record of the transaction. This makes it harder for someone to later claim they did not sign a document or that their signature was forged.
Can any document be notarized?
Most documents can be notarized if they require a signature and the signer appears in person with valid ID. Documents that cannot be notarized include vital records (birth, death, and marriage certificates), documents with blank spaces, and documents the notary prepared (in most states).
Is a notary the same as a lawyer?
No. A notary public is not a licensed attorney and cannot give legal advice. In the United States, notaries serve as impartial witnesses. In some other countries (particularly civil law nations), a “notary” may be a licensed attorney with broader legal authority, but that is not the case in the U.S.
How long is a notarization valid?
A notarization does not expire. Once a document is properly notarized, the notary’s certificate remains valid indefinitely. What may expire is the underlying document (a power of attorney with a termination date, for example). The notarization itself is permanent.
Do I need to bring my own witnesses?
Most notarizations do not require witnesses beyond the notary. Some documents (wills, certain trusts, some real estate transactions) require additional witnesses. The notary cannot serve as a witness for a document they are also notarizing. If your document requires witnesses, bring them with you.
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