Can a Notary Perform a Wedding Ceremony?
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In most states, a notary public cannot officiate a wedding. Only six states give notaries the legal authority to solemnize marriages: Florida, South Carolina, Tennessee, Montana, Maine, and Nevada. If you want a notary to perform your ceremony, you must be in one of those six states and the notary must hold a current commission in that state.
The Six States Where Notaries Can Officiate Weddings
| State | Special Requirements | Witnesses Required? |
|---|---|---|
| Florida | None beyond active notary commission | No |
| South Carolina | Active notary commission. Only notaries can perform ceremonies within the state (along with ministers, judges, etc.). | One witness |
| Tennessee | Active notary commission | No |
| Montana | Active notary commission | One witness |
| Maine | Separate marriage officiant license required (since July 2023). Must apply through the Secretary of State. | Two witnesses |
| Nevada | Certificate of Permission to Solemnize Marriages from the county clerk. Must apply separately from notary commission. | One witness |
A notary commissioned in one of these states cannot travel to another state to perform a wedding there. The authority is tied to the state of commission. A Florida notary can marry a couple in Florida but not in Georgia.
Florida Notary Weddings
Florida is the most active state for notary weddings, driven in part by the state’s large destination wedding market. A Florida notary can perform a marriage ceremony anywhere within the state’s borders with no additional licensing beyond their notary commission.
The couple must obtain a marriage license from any Florida county clerk before the ceremony. There is no waiting period for non-Florida residents. Florida residents have a 3-day waiting period unless they complete a premarital preparation course. The license is valid for 60 days.
After the ceremony, the notary completes the marriage license and returns it to the county clerk that issued it within 10 days.
Nevada Notary Weddings
Nevada requires notaries who want to officiate weddings to obtain a separate Certificate of Permission to Solemnize Marriages from the county clerk’s office. This is a distinct step from the notary commission itself.
Nevada does not require a blood test or waiting period. The marriage license is valid for one year from the date of issuance. One witness is required at the ceremony.
Maine Notary Weddings
Maine changed its rules in July 2023. Notaries who want to officiate marriages must now obtain a separate marriage officiant license from the Secretary of State’s office. Holding a notary commission alone is no longer sufficient. Two witnesses are required at the ceremony.
South Carolina, Tennessee, and Montana
These three states allow notaries to officiate weddings with no additional licensing beyond an active notary commission. South Carolina and Montana require one witness. Tennessee does not require witnesses.
What a Notary Wedding Involves
- The couple obtains a marriage license from the county clerk before the ceremony. Both parties appear with valid government-issued photo ID. Fees range from $20 to $100 depending on the county.
- The ceremony itself is flexible. Most notary weddings are civil ceremonies without religious elements, but couples can personalize things however they want.
- After the ceremony, the notary, the couple, and any required witnesses sign the marriage license.
- The completed license goes back to the county clerk within the required timeframe (varies by state, typically 3 to 10 days).
What Notaries Cannot Do
- Only six states give notaries this authority. The other 44 do not.
- RON (remote online notarization) cannot be used for weddings. The ceremony must be in person.
- A notary cannot officiate their own wedding.
- The ceremony must happen in the state where the notary is commissioned.
Frequently Asked Questions
Can a notary legally perform a wedding?
Yes, but only in six states: Florida, South Carolina, Tennessee, Montana, Maine, and Nevada. Each has different requirements. Maine and Nevada require a separate license beyond the notary commission.
Can a Florida notary perform a wedding in another state?
No. A notary’s authority to officiate weddings applies only within the state where they are commissioned. A Florida notary can perform weddings only in Florida.
Does a notary need special training to perform weddings?
In most of the six states, no special training is required beyond the standard notary commission. Maine requires a separate marriage officiant license, and Nevada requires a Certificate of Permission from the county clerk. Florida provides guidance through the Secretary of State’s notary education pages.
How much does a notary charge to perform a wedding?
Notary wedding fees are not regulated in most of these states. Notaries typically charge $50 to $200 for a basic ceremony, with higher fees for travel, customized ceremonies, or ceremonies at specific venues. Florida law does not set a maximum fee for wedding ceremonies performed by notaries.
Can a couple from another state get married by a notary?
Yes. You do not need to be a resident of Florida, Nevada, or any of the six states to have a notary officiate your wedding there. The couple just needs a valid marriage license from the county where the ceremony will take place. This makes Florida and Nevada popular for destination weddings.
NotaryTrainingSchool.com covers notary powers and limitations across all 50 states, including which states authorize notaries to perform wedding ceremonies.
