In most of the United States, a notary public cannot officiate a wedding. Only five states clearly authorize it: Florida, South Carolina, Nevada, Montana, and Tennessee. If you hold a commission in one of those states, you can perform a marriage ceremony there, though each state attaches its own conditions. Anywhere else, a notary commission alone does not give you the legal power to solemnize a marriage, and a ceremony performed without proper authority can jeopardize the couple’s marriage record.
The Five States That Allow It
Florida
Florida law directly authorizes any notary public to solemnize a marriage. No separate certificate, bond, or application is required beyond an active commission. The fee you can charge is capped at what the local clerk of the circuit court charges for the same service, which in practice is around $30.1The Florida Legislature. Florida Code 117.045 – Marriages
South Carolina
South Carolina’s marriage statute authorizes “officers authorized to administer oaths in this State” to perform ceremonies. Notaries qualify because they have oath-administering power.2South Carolina Legislature. South Carolina Code of Laws Title 20 Chapter 1 – Section 20-1-20 The authority comes through the marriage code rather than the notary statute, but the effect is the same: an active South Carolina notary may solemnize a marriage.
Nevada
Nevada allows notaries to officiate, but only after they obtain a certificate of permission to perform marriages from the county clerk. The notary must be appointed by the Secretary of State and in good standing.3Nevada Legislature. Nevada Revised Statutes Chapter 122 – Marriage Performing a ceremony without that certificate can trigger administrative penalties and complicate the marriage record. Given the volume of destination weddings in the state, Nevada enforces this requirement closely.
Montana
Montana is the simplest of the five. An active commission is all you need; no extra licensing or county permission is required.4Montana Secretary of State. Notary Academy
Tennessee
Tennessee also authorizes notaries to officiate, with no additional certificate or application beyond the commission itself. The ceremony and documentation requirements are the same ones that apply to any officiant in the state.
Where Notaries Cannot Officiate
Everywhere else, the answer is no. New York, Texas, California, Minnesota, Colorado, Wisconsin, and the rest of the country limit officiant authority to judges, clergy, and other specifically designated officials. A notary commission is not on that list. Some states will treat a marriage as valid despite an unauthorized officiant on a good-faith theory, but others will not, and you don’t want the couple to find out which. If your state is not one of the five above, verify its list of authorized officiants before agreeing to perform a ceremony.
Your Authority Stops at the State Line
A notary’s authority to officiate exists only in the state that issued the commission. A Florida notary cannot drive to Georgia and perform a wedding there, even for a Florida couple. The ceremony has to happen inside the commissioning state. This matters for destination weddings and for ceremonies near a state border. Both the commission and the ceremony location have to sit inside one of the five authorizing states.
What the Ceremony Actually Requires
The legal core of a wedding is smaller than most couples expect. You need a valid marriage license from the local county clerk, a verbal exchange of consent between the two parties, and a pronouncement from you under the authority of the state. Everything else, from vows to readings to music, is optional.
Before anything else happens on the day, look at the license. Confirm it hasn’t expired. Licenses are valid anywhere from 30 to 90 days from issuance depending on the jurisdiction. Check the names, addresses, and other biographical fields for accuracy. Fixing an error on an unused license is easy; fixing one on a filed document is not.
During the ceremony, each party must state their intent to marry. Traditional vows, personalized vows, or a simple “I do” in response to your question all work. You then pronounce the couple married. That pronouncement is the moment of legal solemnization.
Witnesses
Witness requirements depend entirely on state law. Among the five states that authorize notary officiants, Florida, South Carolina, Montana, and Tennessee do not require witnesses. Nevada requires one. When witnesses are required, they must be adults who were physically present for the exchange of vows and who sign the license. Even where no witness is required, having one or two sign is a sensible practice for the couple’s records.
Signing and Sealing
After the vows and pronouncement, you sign the license to certify that the ceremony occurred. If your state requires your official seal or stamp for solemnization, affix it. The couple signs, and any required witnesses add their signatures. Review every field one more time before anyone signs. This document is the legal proof that the requirements were met.
Returning the License for Recording
A signed license is not a recorded marriage. The document has to go back to the office that issued it, usually the county clerk or local vital records agency, within a filing deadline that commonly runs 10 to 30 days after the ceremony. In some states the officiant is responsible for returning it; in others, the couple is. Settle this question before the wedding so the license doesn’t sit on a kitchen counter past the deadline. Missing it can trigger late fees or complications with how the marriage is recorded.
Once the office processes the return, it issues the official marriage certificate. Four to six weeks is a common turnaround. Couples typically need several certified copies for name changes, benefits, and other post-marriage tasks, so ordering extras up front saves a return trip.
Officiating for a Relative
Whether you can officiate for a family member depends on state law, and the rule is often more permissive than the standard notary conflict-of-interest rules suggest. Florida has explicitly allowed it: a Florida Attorney General opinion clarified that the prohibition on notarizing a relative’s signature does not extend to solemnizing a marriage, because you are certifying the ceremony rather than notarizing a document signature. South Carolina has no specific prohibition against performing notarial services for relatives, though you cannot be a party to the record or take compensation beyond the standard fee.
The rules that govern acknowledgments and oaths do not automatically carry over to marriage solemnization, but the line is drawn differently in each state. Check your state’s specific rules before agreeing to officiate a relative’s wedding.