Notarization

What it means

A notary does not read the document, approve it, or vouch for anything in it. The notarization is about the signature and the signer.

You normally have to appear in person with photo identification, and sign in front of the notary rather than beforehand. Many states now also allow remote notarization by video.

A notary is not a witness in the sense a will requires. Some documents need both, and they are not interchangeable.

Why it matters

A document that needed notarizing and was not is usually rejected outright rather than corrected, and the second attempt costs another trip.

It also matters for a parent losing capacity: a notary who is not satisfied the signer understands what they are signing can, and should, decline.

When you are likely to meet it

• When signing an affidavit, a deed, or a power of attorney.
• When a motor vehicle agency or a bank rejects a form for want of a seal.
• When arranging documents for a parent who cannot easily travel.

How this varies by state

Whether remote online notarization is permitted, and what a notary may charge, are set by state law.

Related terms

• AffidavitA written statement you sign swearing it is true, usually in front of a notary.
• Affidavit of domicileA sworn statement of where somebody legally lived when they died, used to transfer securities.
• CapacityWhether somebody is able to understand a decision and its consequences well enough to make it. It is decided decision by decision, not once and for all.
• Certificate of trustA short document proving a trust exists and what the trustee may do, without revealing its terms.
• Durable power of attorneyA power of attorney that keeps working after the person who signed it loses the ability to make decisions — which is usually the whole point of signing one.
• Medallion signature guaranteeA bank's stamp guaranteeing a signature on a securities transfer. It is not a notarization.
• Power of attorneyA document letting somebody act for you while you are alive — and which stops working the moment you die.
• Self-proving affidavitA sworn statement attached to a will, signed by the witnesses in front of a notary, so that a court can accept the will without tracking them down.
• Witness requirementsWho must watch a document being signed, how many, and whether they may also benefit from it. Getting this wrong can void the whole document.

Sahvelo guidance that uses this

• Essential documents