A notary public can verify your identity and witness your signing of a document through a short list of official acts — acknowledgments, jurats, oaths and affirmations, signature witnessing, and in some states copy certification — but cannot give legal advice, draft or fill in your documents, choose which notarial act you need, or notarize anything in which they have a personal or financial interest. That line between what a notary can and cannot do is set by state law, and crossing it in either direction can invalidate the notarization or expose the notary to penalties.
What a Notary Can Do
Every state authorizes notaries to perform the same core set of acts, though the exact menu varies. Each act exists to prevent fraud by confirming that the person signing is who they claim to be and is acting voluntarily.
Acknowledgments
This is the most common act, especially in real estate. You appear before the notary, present ID, and declare that you signed the document voluntarily. The document does not have to be signed in front of the notary. You can sign a deed at your kitchen table on Monday and acknowledge it on Wednesday. What matters is that you personally appear and confirm the signature is yours.
Jurats
A jurat goes further. You must swear or affirm, in the notary’s presence, that the contents of the document are true, and then sign the document right there. Affidavits and sworn statements use jurats because the truthfulness of what the document says is the point. If you already signed before the appointment, the notary will typically have you sign again after administering the oath.
Oaths and Affirmations
Notaries can administer oaths and affirmations with no document involved at all. An oath invokes a higher power; an affirmation is a solemn pledge on personal honor. Both carry the same legal weight, and lying after either can expose you to perjury charges. Depositions and sworn testimony rely on this act.
Witnessing Signatures
Sometimes a document needs a witness to the act of signing without the formality of an acknowledgment or jurat. The notary confirms that a specific person signed a specific document in their presence. The notary is not vouching for the contents or for your understanding of them.
Copy Certification
Some states let notaries certify that a photocopy is a true and complete reproduction of an original. The notary compares the copy to the original and attaches a certificate. Not every state allows this. Even where it is allowed, public records and vital records — birth certificates, death certificates, marriage certificates — are off-limits, because official copies of those must come from the issuing government agency.
What a Notary Cannot Do
The limits on notarial authority are strict. A notary who oversteps is breaking the law, not providing extra service.
No Legal Advice
Unless the notary also holds a law license, they cannot explain the legal effect of a document, recommend which document you need, or offer opinions about your transaction. Asking a notary “should I sign this?” puts them in a position where an honest answer would be the unauthorized practice of law. If you need to understand what a document means, talk to an attorney before the appointment.
No Drafting or Filling In Documents
A notary cannot prepare, draft, or complete legal documents for you. If you arrive with a blank power of attorney form, the notary cannot help you fill it in. Every field must be filled before the notarial act begins. The notary’s job starts and ends with the act itself and the certificate that records it.
No Choosing the Notarial Act for You
When a document arrives without a pre-printed notarial certificate, you have to tell the notary whether you need an acknowledgment, a jurat, or something else. The notary can describe how each act works. They cannot pick for you, because the correct choice depends on the document’s legal purpose and on what the receiving party requires, and choosing would cross into legal advice.
No Notarizing Their Own Documents
A notary cannot notarize any document in which they have a personal or financial interest. If the notary is named as a beneficiary, a party to the transaction, or anyone receiving a benefit, they must decline. Some notaries also decline for close family members as a best practice, even where state law does not explicitly bar it, because the appearance of impartiality matters.
When a Notary Must Refuse Service
In certain situations, a notary is not merely allowed to turn you away; they are required to. Knowing these in advance saves a wasted trip.
- No acceptable ID. If you cannot produce a current government-issued photo ID and no credible witness is available to vouch for your identity, the notary cannot proceed.
- Incomplete documents. Blank spaces, missing pages, or unfilled fields are grounds for refusal. Notarizing an incomplete document can invalidate the notarization and expose the notary to penalties.
- Signs of coercion. The whole point of notarization is voluntary action. If you seem pressured or are being directed by a third party in ways that raise red flags, the notary should stop.
- Lack of capacity. If the signer cannot communicate, does not appear to understand the document, or seems unable to make the decision, the notary must decline.
- Conflict of interest. Any personal or financial stake in the document disqualifies the notary.
- Signer not physically present. For traditional notarization, you have to be in the same room. Phone calls, emails, and ordinary video chats do not count. The only exception is remote online notarization performed by a notary specifically authorized to do it under state law.
A notary who refuses on these grounds is doing the job correctly. The fix is usually simple: bring proper ID, complete the document first, or find a notary without a conflict.
Documents That Typically Need a Notary
Notarization is not required for every legal document, but it shows up often in transactions where identity fraud or coercion would cause real harm:
- Real estate documents, including deeds, mortgage agreements, and closing paperwork, almost always need notarized acknowledgments before they can be recorded with the county.
- Powers of attorney typically require notarization because giving someone legal authority to act for you is high-stakes.
- Affidavits and other sworn written statements submitted to a court or agency generally need a jurat.
- Estate planning documents such as wills, trusts, and advance directives often require notarization, with requirements that vary by state and document type.
- Business contracts, partnership agreements, and loan closing packages frequently include notarized signatures to reduce the risk of later disputes.
The document itself, or the party requesting it, usually tells you whether notarization is needed and which act applies. A pre-printed notarial certificate attached to the document gives the notary the instruction directly. When there is no certificate attached, you need to know which act is required before you walk in.
Remote Online Notarization
Remote online notarization lets you appear before a notary over a live audio-video connection instead of in person. As of 2025, 44 states and the District of Columbia have enacted permanent laws permitting it, and the remaining states are likely to follow. Identity verification on these platforms is actually more rigorous than in-person in most respects: credential analysis of your ID’s security features, plus knowledge-based authentication drawn from public and credit records. The session is recorded on audio and video, and the notary must keep that recording, often for at least five to seven years depending on the state.
One important limit: a remote notarization performed in one state is not automatically recognized in every other state. Federal legislation that would require nationwide recognition passed the U.S. House but stalled in the Senate during the 118th Congress. Until that changes, confirm that the state where your document will be filed or used accepts remote notarizations from the state where your notary is commissioned.
Fees and Where to Find One
Fees for standard acts are regulated by state law and are lower than most people expect. Maximum fees typically range from $2 to $25 per notarial act, with most states capping standard notarizations between $5 and $15 per signature. A few states set no statutory maximum. Remote online notarizations usually run higher, often around $25 per act, to cover platform costs.
Banks and credit unions often provide free notary services to account holders. Shipping and mailbox stores, real estate offices, law firms, insurance agencies, and AAA branches are common locations. Many county courthouses have a notary available during business hours. If you cannot travel, mobile notaries will come to a home, office, or hospital; the notarial act fee stays the same, but mobile notaries add a travel fee that is unregulated in most states and typically runs $75 to $200.
If a Notary Causes You Harm
Most states require notaries to post a surety bond before they can be commissioned. Bond amounts range from $500 to $50,000 depending on the state. The bond protects the public, not the notary. If a notary’s mistake or misconduct causes you financial harm, you can file a claim against the bond to recover damages up to the bond amount, and the surety company pursues the notary for reimbursement afterward.
The bond is not insurance for the notary and does not cover every kind of harm; it covers financial losses caused by the notary’s failure to follow the law when performing notarial acts. Complaints about a notary’s conduct go to the state’s commissioning authority, usually the secretary of state, which can suspend or revoke the commission.