A notary public verifies identity and witnesses signatures, making important documents harder to forge or dispute. Knowing how a notary works can save time and prevent costly delays when you sign deeds, powers of attorney, or affidavits. This guide explains what a notary does, the main notarial acts you will encounter, and how notarization helps protect documents from tampering. You will also find practical tips to get the right notarization quickly, whether you are searching for a notary public near me or planning to become one.
What you need to know
Keep these points in mind before you sign. They cover the typical notarial acts, identity checks, and the differences between remote and in-person notarization.
- Core notarial acts: acknowledgments, jurats, and oaths confirm voluntariness, truthfulness, or sworn testimony; use the correct act for deeds, affidavits, or court filings.
- Identity verification: notaries confirm identity with photo ID, credible witnesses, or RON systems and must refuse signings that show duress or suspected fraud.
- When to notarize: real estate closings, powers of attorney, affidavits, and many lender or court filings typically require notarization, so bring valid ID and unsigned originals.
- Remote vs in-person: RON uses live audio-visual sessions to verify identity and can speed signings, but acceptance rules and state requirements vary, so confirm acceptance before you rely on it.
- Apostilles and limits: for international use obtain an apostille after notarization, and consult an attorney if you need legal advice or document drafting.
What a notary public does
A notary public is an impartial witness who helps prevent fraud by confirming a signer’s identity, willingness, and awareness. Using the right act at the signing avoids delays and ensures the document meets the receiving party’s requirements.
- Acknowledgment: the notary confirms the signer knowingly signed a document, commonly used for deeds and mortgages to support recording and title processes.
- Jurat: the signer swears that the document’s statements are true under penalty of perjury, as with an affidavit; jurats are used when courts or agencies require certified truthfulness.
- Oath or affirmation: the notary administers a verbal pledge for sworn testimony or depositions, where the signer promises to tell the truth.
Notarial certificates and wording vary by state. A notary signs the certificate, applies a seal, and records the act performed, the date, and the signer’s identity. To confirm identity, notaries check current government photo ID, use credible witnesses when needed, or rely on RON systems where allowed. Because laws differ by jurisdiction, check the Secretary of State’s notary guidance for acceptable forms of ID and exact authorizations, and remember that notaries generally do not draft legal documents or provide legal advice. For a broader overview of the notary public role in the U.S., see the Notary public (United States) entry.
Why notarization matters legally
Notarization is a neutral attestation that a signer appeared, was identified, and acted willingly. A notarial certificate documents the signing and the circumstances around it, which reduces the chance of forgery or coerced signatures.
Many courts treat a proper notarial certificate as prima facie evidence of authenticity and voluntariness, which streamlines enforcement of deeds, powers of attorney, and affidavits by shifting the burden to a challenger. Notarization verifies the signing process and identity; it does not vouch for the truth of the document’s substance or its legal sufficiency.
Good record keeping underpins a notary’s evidentiary value. A notary journal typically records the date and time, signer name and address, type of ID presented, document description, fee, and a signature or thumbprint when required. For remote signings, secure audio-visual recordings and an auditable system log serve a similar purpose. Ask whether your notary keeps a journal or recording and how long records are retained for apostilles or document authentication.
Common situations when you’ll need a notary public
Certain transactions routinely require notarization. Knowing common situations helps you avoid last-minute problems and delays.
Real estate closings and urgent transactions typically require a notarized acknowledgment for deeds, mortgage documents, and closing packages because lenders and county recorders need impartial verification that signatures are genuine. A missed notarization can delay funding, postpone recordation, or push a closing past its deadline, so mobile notaries often attend closings to prevent problems.
Businesses depend on timely notarizations for corporate filings, loan documents, commercial contracts, and powers of attorney. These documents often have filing or funding cutoffs, so schedule notary appointments in advance to avoid last-minute rushes.
For personal matters you will typically need notarization for powers of attorney, affidavits, and certified copies used for government or school purposes. Wills are treated differently in some states; jurisdictions may require witness signatures in addition to or instead of a notarized acknowledgment. Check local rules before signing to ensure you follow the correct process.
- Valid government photo ID (driver’s license, passport)
- Unsigned original documents that require notarization
- IDs for any required witnesses and any supplemental paperwork requested by the receiving office
In-person vs remote notarization: which to choose
Remote online notarization (RON) and in-person notarization each have advantages. The right option depends on the receiving authority, convenience, and security needs.
RON begins with uploading the document to a secure platform and scheduling a live audio-visual session with a commissioned notary. During the session the notary verifies identity using knowledge-based questions or credential analysis, watches the signer execute the document electronically, applies a digital seal, and records an audit log with timestamps and a session recording. Notaries must follow state rules for every step, and most sessions are recorded for the official audit trail.
Availability and legal acceptance of remote notarization depend on state law and the receiving authority. Many states now authorize RON, but some courts, agencies, or foreign consulates will not accept electronic notarizations for cross-border use. Before you rely on remote notarization for a critical filing, check whether your state allows remote online notarization and confirm acceptance directly with the receiving office or consulate.
Weigh convenience, security, and speed when choosing a method. RON is fast, works well for signers in different locations, and removes travel time, while in-person notarization is straightforward and may be required for certain official processes. Costs vary by provider and travel needs; expect RON to be priced per transaction and mobile notary visits to include travel or convenience charges in addition to the basic notarial fee. For sensitive or complex filings, an in-person signing at a business or courthouse provides a visible chain of custody.
When a signer cannot travel and you face a tight deadline, remote notarization can provide a rapid turnaround, while a mobile notary is the right choice when documents must be signed on site or a physical presence is required. If remote options are unavailable, search for a local mobile or office notary by looking up “notary public near me.” Prepare documents ahead of the appointment to avoid delays.
How to become a commissioned notary: core steps and resources
Becoming a commissioned notary public follows a similar path in most states. Start by checking your state’s eligibility requirements and required steps on the Secretary of State website.
Most states require applicants to be at least 18, live or work in the state, disclose certain criminal history, and sometimes complete education or pass an exam. Applicants will usually need a surety bond or to file a bond with the county as part of the commission; for example, Texas requires a surety bond and that the oath and bond are recorded at the county level. Review your state’s specific rules before you start the application process.
- Confirm eligibility and state-specific requirements on the Secretary of State website.
- File the notary application and pay the required fee.
- Complete any mandated education or pass the required exam.
- Obtain any required surety bond or county filing and record the bond where required.
- Purchase a tamper-evident seal and a secure, bound journal.
- Take the oath of office, record your commission as required, and begin notarizing after your commission is active.
Use official state forms from the Secretary of State website rather than third-party PDFs to avoid mistakes and delays. For supplies, choose a tamper-evident seal and a secure, bound journal so your records remain professional and defensible.
Once commissioned, keep accurate, complete journal entries and store your seal and supplies under lock. Follow your state’s record-retention rules, renew the commission before it expires, and never notarize when you have a personal interest in the transaction. Maintain confidentiality at all times and review published disciplinary standards to understand common violations and how to avoid them.
Apostilles, fees, and finding a trustworthy notary public
An apostille verifies a document’s origin for use in Hague Convention countries, and consular legalization is usually required for countries that are not party to the convention. The process and fees vary, so confirm the receiving country’s requirements before you begin.
Typical steps are to notarize the document where it was executed, obtain any required county certification, and submit the certified document to the state Secretary of State for the apostille; federal documents go to the U.S. Department of State. For a practical walkthrough of the apostille process, see this how to get an apostille guide.
Small preparation steps prevent delays and returned paperwork. Always confirm exact document requirements with the receiving authority and include a self-addressed return envelope for faster turnaround. Ask whether original signatures are required and whether photocopies are acceptable for certified copies to avoid rejections.
Expect modest fees for basic in-office notarizations; many states cap per-signature charges and fees often fall under $20 per signature. Mobile notaries add travel fees, typically $25 to $75 for daytime visits and $100 or more for after-hours or emergency signings. Remote sessions usually range from $25 to $75 depending on the platform and identity verification required. Apostille fees themselves are usually small, often $5 to $30, but processing times vary and expedited options cost more.
Choose a reliable notary by looking for clear trust signals such as a valid commission, a visible seal and journal, a written privacy policy, transparent pricing, and experience with apostilles or RON. Common mistakes include signing before notarization, using an out-of-state signer, and failing to verify remote notarization or apostille acceptance for international use. For fast, secure notarization, apostille assistance, or certified translations in Orange County, contact Notary Public of Anaheim for mobile or in-office service and clear next steps.
Why a notary public matters for your documents
A notary public is an impartial witness who verifies identity, confirms willingness, and helps prevent fraud. In many cases a proper notarization gives signatures and sworn statements additional legal weight that courts and institutions accept.
- Gather a valid photo ID and the unsigned documents that require notarization.
- Book an appointment or request a mobile visit to meet your deadline.
