Understanding Notarization: Key Benefits, Drawbacks, and Examples

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Notarization is the process in which a notary public, a state-commissioned official, verifies the identity of the people signing a document, watches or confirms the signing, and records that act with an official seal and signature. A notarized document is one that has gone through this process. The notary attests to who signed and that they signed willingly. The notary does not attest that the contents are true, fair or legally valid.

What Does Notarized Mean?

The notary records the act on a notarial certificate (the wording that describes what the notary witnessed), then signs and seals it. Depending on the document, the result may be called a notarized letter, notarized statement or notarized affidavit. “Notarial” describes anything relating to a notary’s official acts, such as a notarial certificate or notarial seal.

The purpose is fraud prevention. Because an impartial official ties an identified person to a specific signature on a specific date, it becomes much harder for the signer to later claim the signature was forged or obtained under pressure.

How Notarization Works in the United States

U.S. notaries are commissioned by individual states and may perform notarizations as that state’s agents. A growing number of states permit remote online notarization, where the signer and notary meet over live video through an approved online platform.

A typical in-person notarization follows these steps:

1. The signer brings the unsigned or signed document, depending on the notarial act required, along with valid photo ID.
2. The notary verifies identity and checks that the signer appears to understand the document and is acting willingly.
3. The signer signs or acknowledges the signature in the notary’s presence. For a jurat, the signer also swears or affirms that the contents are true.
4. The notary completes the certificate, signs it and applies the seal. Many notaries also record the act in a journal, as some states require.

The signer must be present, physically or by approved live video. Someone cannot hand a notary a document another person signed and ask for it to be notarized. Mobile notaries will travel to a signer’s home, office or hospital room, usually for an added fee.

Notaries earn income from the fees they charge rather than from a government salary. Fees vary, and some states set standard or maximum fees for particular services. Many banks offer notary services to their customers, as do some shipping and business service stores.

Requirements to Become a Notary

Requirements differ by state, but a few are close to universal. Applicants generally must be at least 18, reside in the state where they seek a commission, and have no felony convictions unless their civil rights have been restored. Some states add training: California, for example, requires applicants to complete classes. Once commissioned, a notary buys an official seal or stamp, often sold as part of an inexpensive supply kit.

Acknowledgment vs. Jurat

Most notarizations take one of two forms, and choosing the wrong one can get a document rejected.

• Acknowledgment: The signer appears before the notary, proves identity and declares that the signature is theirs and was made willingly. The certificate does not necessarily state that the signature was made in front of the notary. Deeds and many mortgage documents use acknowledgments.
• Jurat: The signer must sign in the notary’s presence and take an oath or affirmation that the statements in the document are true. Affidavits and sworn statements require jurats, because an acknowledgment’s wording would not establish that the person swore to the contents.

A notary should not choose the notarial act for the signer. The receiving agency, court or the person who drafted the document normally specifies which certificate is needed.

Example of a Notarized Document

Hypothetical: Maria sells her car to a private buyer, and her state requires the seller’s signature on the title transfer to be notarized. Maria and the buyer go to her bank’s notary together. The notary checks Maria’s driver’s license, watches her sign the title, completes an acknowledgment certificate and applies the seal. If Maria later claimed she never signed, the certificate and journal entry would be evidence that an identified person signed willingly on that date.

Common Documents That Need Notarization

Documents involving serious legal rights or large sums of money are the ones most often notarized:

• Real estate deeds, so a transfer holds up if challenged or if a party later tries to back out
• Mortgage and loan closing documents
• Vehicle title transfers in states that require them
• Powers of attorney and changes to them
• Advance directives and other health care forms
• Affidavits and sworn statements used in court or by agencies
• Trust documents in many cases, such as those used to set up a trust fund

Pros and Cons of Notarization

Pros

• It is legally required for certain documents, so skipping it can leave a document unenforceable or unrecordable.
• Where it is optional, it adds confidence that the named parties actually signed.

Cons

• It costs time and a fee, plus travel fees for a mobile notary.
• It can be misapplied. Notaries are sometimes asked to sign forms such as the employment eligibility Form I-9 that do not call for notarization, and adding a notary stamp to those forms can create problems or invalidate them.

Notarization vs. Related Terms

• Witness signature: Some documents, such as many wills, need ordinary witnesses rather than, or in addition to, a notary. A witness is not a state-commissioned official.
• Legal advice: A notary who is not also an attorney cannot explain your legal options or draft the document for you.
• Certified copy or authentication: Documents used abroad may need further certification, such as an apostille, issued by a state authority after notarization. The notary’s seal alone may not be accepted in another country.

FAQs

The Bottom Line

Anyone handling a deed, mortgage, power of attorney, affidavit or vehicle title may need a notarized signature to make the document enforceable or recordable. Ask the receiving agency, court or drafter which certificate is required, bring valid photo ID, and expect a fee. A notary cannot give legal advice, and documents used abroad may need an apostille as well.