What is a Notary?

Introduction

A notary public — commonly called a “notary” — is a person officially authorized by the state government to witness the signing of important documents, administer oaths, and verify the identity of signers. Notaries serve as impartial witnesses to help deter fraud and ensure that documents are properly executed. Their role is essential in a wide range of legal, financial, and real estate transactions.

What Does a Notary Do?

  • Verify the identity of the person signing a document
  • Confirm that the signer is signing willingly and not under duress
  • Confirm that the signer understands what they are signing
  • Witness the signing of the document
  • Apply their official notary seal or stamp
  • Record the transaction in their notary journal

What Documents Commonly Require Notarization?

  • Wills and trusts
  • Powers of attorney
  • Real estate deeds and mortgage documents
  • Affidavits and sworn statements
  • Contracts and business agreements
  • Adoption papers
  • Vehicle titles
  • Advance healthcare directives
  • Loan documents

What a Notary Does NOT Do

It is important to understand the limits of a notary’s role:

  • A notary does not verify the accuracy or truthfulness of the document’s contents
  • A notary does not provide legal advice or explain what a document means
  • A notary does not guarantee that a contract is enforceable
  • A notary is not the same as an attorney

Types of Notarial Acts

Acknowledgment

The most common notarial act. The signer appears before the notary and confirms that they signed the document willingly. Used for deeds, powers of attorney, and many contracts.

Jurat

The signer swears or affirms that the contents of the document are true, and signs in the notary’s presence. Used for affidavits and sworn statements.

Copy Certification

The notary certifies that a copy of a document is a true and accurate reproduction of the original. Commonly used for passports, diplomas, and other important documents.

Oath or Affirmation

The notary administers a formal oath or affirmation, often used for public officials taking office or witnesses in legal proceedings.

Where Can I Find a Notary?

  • Banks and credit unions (often free for account holders)
  • UPS Store, FedEx, and similar shipping centers
  • Public libraries
  • Law offices
  • Real estate offices
  • AAA offices
  • Online notary services (remote online notarization is now legal in most states)

What is Remote Online Notarization (RON)?

Remote Online Notarization allows documents to be notarized via a secure video call rather than in person. The notary verifies the signer’s identity using knowledge-based authentication questions and credential analysis. RON is now authorized in the majority of U.S. states and has become increasingly common since 2020. Services such as Notarize.com and DocuSign Notary offer RON services.

How Much Does Notarization Cost?

Notary fees are regulated by state law and are typically very affordable — usually $2 to $15 per signature depending on the state. Many banks offer free notarization for their customers. Remote online notarization services typically charge $25 to $50 per session.

How Do I Become a Notary?

Requirements vary by state but generally include:

  • Being at least 18 years old
  • Being a legal resident of the state
  • Completing a notary application and paying a fee
  • Passing a background check
  • Completing a training course (required in some states)
  • Passing a notary exam (required in some states)
  • Obtaining a notary bond

The information on LegalConsultants.com is provided for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.