Frequently Asked Questions

FAQs About Notary Public

A notary public is an official appointed by the state government to serve as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These acts are called notarizations or notarial acts.

The primary duties of a notary include:

1. Administering oaths and affirmations
2. Taking affidavits and depositions
3. Receiving and certifying acknowledgments or proofs of deeds, mortgages, and other documents
4. Attesting to or certifying photocopies of certain documents 5. Witnessing or attesting signatures

The requirements for becoming a notary public vary by state but generally include:

1. Being at least 18 years old
2. Being a legal resident of the state in which you wish to be a notary
3. Completing an application and paying a fee
4. Passing a background check
5. Completing a notary education course (in some states)
6. Passing a state-administered exam (in some states)
7. Purchasing a surety bond (in some states)

Yes, many states require notaries to complete educational courses and pass an exam to ensure they understand the laws and procedures related to notarial acts.


A notary can refuse service if they suspect fraud, if the signer does not appear competent or willing, or if the document appears suspicious. However, they cannot refuse service based on race, nationality, religion, politics, sexual orientation, or status as a non-customer.

A notarial act is any act that a notary public is legally empowered to perform and includes taking acknowledgments, administering oaths and affirmations, taking verifications upon oath or affirmation, witnessing signatures, and certifying copies of documents.

Yes, there are several restrictions on what a notary can do:

– Notaries cannot provide legal advice unless they are also licensed attorneys.

– Notaries cannot perform acts that constitute the unauthorized practice of law.

– Notaries cannot certify copies of documents whose true copies can be easily obtained (e.g., birth certificates).

– Notaries must refuse to notarize documents if they have concerns about the signer’s identity, willingness, or understanding.

The length of time for which a notary commission is valid varies by state but typically ranges from four to ten years.

No, generally, the document must be signed in the notary’s presence. The purpose of having documents signed in front of the notary is so that the official can verify the identity of the signer and ensure that the signature is genuine.

Acceptable forms of identification typically include government-issued identification such as driver’s licenses, state ID cards, passports, or military IDs that feature a photograph and signature.

FAQs About Notarizing a Deed

A deed is a legal document that represents the ownership of property. It is used to transfer rights in real estate from one party to another.

Notarizing a deed involves a notary public officially certifying that the signature on the deed is genuine and that the parties signing the document are doing so willingly and under their own free will. This process helps prevent fraud and ensures that the document is legally binding.

Notarization is necessary to:

  1. Authenticate the signatures on the deed, ensuring they are not forged. 
  2. Verify the identity of the parties involved in the transaction. 
  3. Record and preserve the transaction in public records, providing legal protection and transparency. 
  4. Comply with legal requirements in many jurisdictions, which mandate that deeds must be notarized to be valid.

A notary public, who is authorized by state or national laws, can notarize a deed. The requirements for becoming a notary vary by jurisdiction but generally include being of legal age, passing an exam, and having no criminal record.

  1. Prepare the Deed: Ensure that the deed is correctly filled out with all necessary details. 
  2. Find a Notary: Locate a notary public through your bank, local government offices, or private services. 
  3. Sign in Presence of Notary: All parties must sign the deed in the presence of the notary. 
  4. Provide Identification: All signatories will need to provide valid identification to verify their identities. 
  5. Notary Completes Formalities: The notary will fill out their part of the deed, stamp it with their official seal, and sometimes record it in official registries.

Typically, government-issued photo IDs such as a driver’s license, passport, or state ID card are required.

Yes, but you must ensure that the notarization meets the legal requirements of the state where the property is located. The laws governing deeds and their notarization can vary significantly between states.

If a deed is not properly notarized, it may be considered invalid. This can lead to legal disputes over property ownership or complications in future transactions involving the property.

Yes, many jurisdictions now allow electronic notarization (e-notarization), where documents are signed and stamped digitally. However, you should confirm whether e-notarization is accepted for deeds in your specific jurisdiction.

After your deed is notarized: 

  1. Record It: File it with your local county recorder or land registry office as required by law.
  2. Keep Copies: Retain several copies of the recorded deed for your records and future use.

FAQs About Notarizing a Trust

A trust is a legal arrangement where one party, known as the trustee, holds and manages assets for the benefit of another party, the beneficiary. Trusts are commonly used for estate planning, to manage assets during the grantor’s lifetime and distribute them after their death.

Notarizing a trust can help ensure its validity and enforceability. It provides a layer of verification that the signatures on the trust are genuine and that the signatories were not under duress or coercion when they signed. Different states have different requirements regarding whether a trust needs to be notarized, so it’s important to consult local laws.

A notary public can notarize a trust. Notaries are individuals authorized by state governments to witness the signing of important documents and administer oaths. They verify the identity of the signers and ensure that all parties understand the contents of the document.

  1. The Trust Document: The complete document that outlines the trust agreement. 
  2. Identification: All parties signing the document must provide valid identification (e.g., driver’s license, passport) to verify their identities. 
  3. Presence of Signatories: All parties must be physically present before the notary when signing, unless remote online notarization is permitted in your state. 
  4. Witnesses: Some states may require witnesses in addition to notarization. Check local laws for specific requirements.

Yes, typically only the trustees need to be present for notarization since they are the ones signing the document establishing their duties and powers under the trust. Beneficiaries generally do not need to sign.

If a trust is required by law to be notarized and it is not, it could potentially be challenged in court or deemed invalid. This could lead to legal disputes among beneficiaries or between beneficiaries and trustees.

As of recent years, many states have begun allowing remote online notarization (RON). This process involves using digital tools and video conferencing to complete the notarization process remotely. Check if your state allows RON for trusts.

During COVID-19, many states temporarily adjusted their rules to allow for remote online notarization due to health risks associated with in-person meetings. Always check current regulations in your state or consult with a legal professional.

Not all trusts may need to be notarized; it depends on state law and the type of trust. For example, revocable living trusts are commonly required to be witnessed and/or notarized, whereas other types of trusts might have different requirements.

You can find a notary public at local banks, law offices, government offices, or through dedicated services that offer mobile or remote online notaries.

FAQs About Notarizing a Power of Attorney

A Power of Attorney is a legal document that grants one person or entity, known as the agent or attorney-in-fact, the authority to act on behalf of another person, known as the principal, in legal and financial matters.

Notarization is required to help prevent fraud and ensure that the document is legally binding. It confirms that the signature on the POA is genuine and that the principal signed the document willingly and under no duress.

A notary public, who is authorized by the state to perform acts in legal affairs, particularly witnessing signatures on documents. The requirements for becoming a notary vary by state.

Verification: The notary verifies the identity of the person signing the POA through valid identification (e.g., passport, driver’s license).

Willingness: The notary ensures that the signer understands the document and is signing willingly.

Witnessing: The notary witnesses the signing of the document.

Stamping: The notary stamps or seals the document and adds a notarial certificate.

Yes, in some jurisdictions, online notarization is available where both parties use digital tools to sign and seal the document electronically. However, it’s important to verify whether online notarization is legally recognized in your specific state or country.

Most types, including:

– General Power of Attorney

– Durable Power of Attorney

– Medical Power of Attorney

– Limited or Special Power of Attorney

If your jurisdiction requires a POA to be notarized for it to be valid and it wasn’t at signing, it will likely need to be re-signed in front of a notary.

In special circumstances like hospitalization, mobile notaries who can travel to your location may be available. Additionally, some hospitals have staff members who are commissioned as notaries who might be able to assist.

The actual process usually takes only a few minutes once you are with the notary. However, scheduling an appointment with a notary might take longer depending on their availability.

Costs can vary depending on your location and any additional services required (e.g., mobile notary services). Typically, fees range from $5 to $20 per signature.

FAQs About Notarizing a Health Directives

A health care directive, also known as an advance directive or living will, is a legal document that outlines an individual’s preferences regarding medical treatments and interventions in situations where they are unable to make decisions for themselves due to illness or incapacity.

Notarization of a health care directive helps to verify the authenticity of the document and the identity of the signer. It ensures that the person signing the directive is doing so willingly and without coercion and that they are aware of its contents and implications.

A notary public can notarize a health care directive. Notaries are authorized by state law to perform certain legal formalities, especially relating to the signing of documents and administering oaths.

Requirements can vary by state, but generally include:

– The presence of the signer before the notary at the time of notarization.

– Verification of the signer’s identity through identification documents like a driver’s license or passport.

– The signer must demonstrate understanding of the document and sign it voluntarily.

– The notary must complete a notarial certificate that includes the date, location, and details of the notarial act.

In many states, a health care directive can be valid without being notarized if it is signed in the presence of witnesses who meet certain criteria set by state law. However, having it notarized can add an extra layer of validity and help avoid disputes about its authenticity.

You should bring:

– The completed but unsigned health care directive.

– Valid identification such as a driver’s license or passport.

– Any other documents or information required by your state or advised by your legal counsel.

You can find a notary public at local banks, law offices, government offices, or through online directories. Some mobile notaries will come to your location for an additional fee.

Yes, there is typically a fee for notarial services. Fees can vary depending on your location and the specific services provided.

If your health care directive is challenged in court, having it properly signed and notarized can provide evidence that it is legitimate and was executed properly. This can help uphold your wishes as stated in the document.

Yes, changes can be made to your health care directive even after it has been notarized; however, any amendments or new directives will also need to be properly signed and witnessed or notarized according to your state laws.

It’s important to consult with legal counsel when creating or modifying any legal documents such as health care directives to ensure compliance with local laws and regulations. 

FAQs About Notarizing a Child Consent Form

A child consent form is a legal document that grants permission for a specific action involving a minor, such as medical treatment, travel with another adult, or participation in certain activities. It typically includes details about the child, the consenting parent or guardian, and the specifics of the consent.

Notarization adds a layer of verification and security to the document, ensuring that the signature of the parent or guardian is authentic. This helps prevent fraud and ensures that the person giving consent has indeed authorized the specified actions.

A notary public can notarize a child consent form. Notaries are individuals authorized by state governments to witness signings of important documents and verify the identity of the signers.

To get a child consent form notarized, you typically need:

– The completed but unsigned form

– A valid photo ID (e.g., driver’s license, passport) for identification

– The presence of all parties signing the document (unless previously arranged otherwise with your notary)

– Any other documentation required by your state or specified in the form

No, you should not sign the form before meeting with the notary. The purpose of notarization is for the notary to witness your signature, verifying that it was indeed you who signed the document.

The cost can vary depending on your location and the service provider. Typically, fees range from $5 to $20 per signature witnessed. Some states have maximum fees that notaries can charge.

If your child is traveling internationally, additional documentation may be required beyond just a notarized consent form, such as a passport or visa. It’s important to check with airlines and embassies for specific requirements related to minors traveling abroad.

The validity period of a notarized child consent form can depend on what is specified within the document itself or dictated by state law or regulations pertaining to the specific activity or purpose of the consent.

Yes, as long as you provide formal notice to all relevant parties involved in accordance with any terms specified in the original consent form or as required by law.

This depends on legal custody arrangements and specific requirements of the activity or medical procedure involved. In some cases, only one parent’s consent may be necessary; in others, both parents might need to provide signed and notarized consent.

FAQs About Notarizing an Apostille

An apostille is a form of authentication issued to documents for use in countries that participate in the Hague Convention of 1961. If a document is to be used internationally, an apostille certifies the authenticity of the signature on the document, the capacity in which the person signing the document acted, and identifies the seal/stamp which the document bears.

Documents that might require an apostille include birth certificates, marriage certificates, educational documents (such as university degrees or high school diplomas), court orders, corporate records, and other official government documents.

  1. Verify Requirements: Check if the country where the document will be used requires an apostille.
  2. Prepare Your Document: Ensure that your document is properly notarized if necessary before applying for an apostille. This often involves having a notary public authenticate the identity of the person signing.
  3. Contact Competent Authority: Each country has its own competent authority responsible for issuing apostilles. In many countries, this authority is usually a government office (such as the Secretary of State in the U.S.).
  4. Submit Your Document: You may need to submit your original document along with a request form and a fee. Some authorities allow submissions by mail, while others require in-person submissions.

No, a notary public cannot issue an apostille. They can only notarize documents. The issuance of an apostille is typically handled by a designated governmental authority.

A notary’s role might be required before obtaining an apostille if the document needs to be notarized (e.g., affidavits, power of attorney). The notary will verify the signer’s identity and ensure that signatures are genuine before officially notarizing the document.

The time it takes to receive an apostille can vary depending on the issuing authority and their workload. It could range from one day to several weeks. Some authorities offer expedited services for an additional fee.

Yes, legalization is a process used for countries that are not part of the Hague Convention. It often involves multiple levels of authentication by both the originating country and the embassy or consulate of the destination country.

Not all documents can be apostilled directly; they first need to be official government-issued documents or certified copies from issuing agencies. Private documents might need additional steps such as notarization before they can qualify for an apostille.

If either country is not part of the Hague Convention, you will need to go through a more complicated process called legalization rather than obtaining an apostille.

FAQs About a Loan Signing Agent

A loan signing agent, also known as a notary signing agent, is a notary public who specializes in handling and notarizing loan documents. They are involved in the process of closing real estate transactions, particularly mortgage loan signings.

  1. Document Verification: They verify that all documents are present and correctly executed by the parties involved in the loan transaction.
  2. Identity Verification: They confirm the identity of the individuals signing the documents, typically through government-issued IDs.
  3. Witness Signatures: They witness the signing of the documents by the borrower(s) and other parties involved.
  4. Notarization: They notarize the documents as required, which involves stamping them with a notarial seal to prevent fraud and ensure they are legally binding.
  5. Document Handling: They ensure that all signed and notarized documents are returned to the appropriate party, such as a title company or lender.
  1. Become a Notary Public: The first step is to become a commissioned notary public in your state. Requirements vary by state but generally include passing an exam, undergoing a background check, and paying a fee.
  2. Get Certified: Although not always mandatory, getting certified as a loan signing agent can improve your credentials and attract more business. Certification courses are offered by various organizations that teach you about loan documents and the signing process.
  3. Purchase Supplies: You will need supplies such as a notary stamp, seal, journal, and possibly error and omission insurance.
  4. Register with Signing Services: Many loan signing agents get jobs through signing services which act as intermediaries between agents and companies needing notary services.
  1. Attention to Detail: Accuracy is crucial in ensuring that all documents are correctly signed and notarized.
  2. Punctuality: Timeliness is important since document signings often have strict deadlines.
  3. Communication Skills: Effective communication with borrowers and clients to explain the contents of their documents clearly.
  4. Confidentiality: Maintaining privacy and confidentiality of all personal information handled during signings.

Earnings can vary widely depending on factors like location, experience, the number of signings completed, and whether they work part-time or full-time. Some full-time loan signing agents can make upwards of $70,000 per year or more while part-timers might earn between $10,000 to $15,000 annually.

Yes, loan signing agents must comply with their state’s notary laws which can vary significantly from one state to another. Additionally, they must ensure they do not engage in unauthorized practice of law by advising signers on legal questions or issues arising from the documents.

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