What Does a Notary Do? Role and Responsibilities
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A notary public is a state-appointed official who serves as an impartial witness when documents are signed. Their job is to verify that the person signing is who they claim to be, that they are signing willingly, and that they understand what they are signing. Here is what that looks like in practice.
Core Duties
Verify Identity
The notary checks a government-issued photo ID (driver’s license, passport, state ID) to confirm the signer’s identity. This is the primary fraud-prevention function of a notary.
Witness Signatures
The notary watches the person sign the document (acknowledgement) or administers an oath and watches them sign (jurat). This confirms the signature was made by the identified person, willingly.
Administer Oaths and Affirmations
For a jurat, the notary swears in the signer: “Do you swear or affirm that the contents of this document are true?” The signer says yes and signs. This is required for affidavits and sworn statements.
Certify Copies
In some states, notaries can certify that a copy of a document is a true and accurate reproduction of the original. Not all states allow this, and some documents (birth certificates, marriage licenses) cannot be copy-certified by a notary.
Common Documents Notaries Handle
- Real estate: Deeds, mortgages, closing documents
- Powers of attorney: General, durable, medical, financial
- Legal filings: Affidavits, sworn statements, court documents
- Financial: Loan documents, promissory notes
- Estate planning: Wills (in some states), trusts, advance directives
- Immigration: Affidavits of support, passport applications
- Business: Contracts, corporate resolutions
What Notaries Cannot Do
- Give legal advice. Notaries are not lawyers (unless they happen to be one). They cannot tell someone how to fill out a document, what a clause means, or whether they should sign.
- Notarize a blank document. The document must be complete before notarization.
- Notarize their own signature. A notary cannot notarize anything they are a party to.
- Notarize for someone who is not present. The signer must appear in person (or via approved RON technology).
- Choose the type of notarization. The signer or the document preparer determines whether an acknowledgement or jurat is needed. The notary does not decide.
Notary Public vs. Signing Agent
All signing agents are notaries, but not all notaries are signing agents. A signing agent is a notary with additional training who specializes in real estate loan documents. They handle mortgage closings, refinances, and loan modifications. Signing agents typically earn more per appointment ($75–$200 vs. $5–$15 for a general notarization).
Learn more about signing agents.
Related Reading
Frequently Asked Questions
What is the main purpose of a notary?
To prevent fraud. A notary verifies the identity of signers, confirms they are signing willingly, and creates a record of the transaction. This makes documents harder to forge or dispute.
Can a notary tell me what a document means?
No. Notaries cannot give legal advice or explain the contents of a document. If you do not understand what you are signing, consult an attorney before the notarization.
What is the difference between an acknowledgement and a jurat?
An acknowledgement confirms the signer’s identity and that they signed willingly. A jurat requires the signer to swear or affirm under oath that the document’s contents are true. See our full comparison.
Do I need to be a lawyer to be a notary?
No. Most notaries are not lawyers. You just need to meet your state’s requirements (age, residency, no felony convictions) and complete any required training or exams.
Can a notary refuse to notarize a document?
Yes. A notary can refuse if the signer cannot provide valid ID, appears to be coerced or incapacitated, the document is blank, or the notary suspects fraud. Notaries are not obligated to notarize everything presented to them.
