In the United States, three groups of people can notarize documents: state-commissioned notaries public, certain government officials who hold notary power by virtue of the office they hold, and designated military personnel authorized under federal law. Most signings are handled by the first group, but knowing who else can notarize documents, and who is disqualified from doing so, can save a transaction when the usual options aren’t available.
State-Commissioned Notaries Public
The ordinary notary is a private citizen who applied for and received a commission from their state government. Each state sets its own rules, but the baseline is similar everywhere: applicants generally must be at least 18, live in or have a connection to the commissioning state, and pass a background check. Some states add an exam or a training course. Once commissioned, the notary can only act within the borders of the state that issued the commission.
The job itself is narrow. A notary verifies that the person signing a document is who they claim to be and is signing willingly. The two most common acts are acknowledgments and jurats. In an acknowledgment, the signer confirms to the notary that they signed voluntarily. In a jurat, the signer must sign in the notary’s physical presence and swear under oath that the contents of the document are true. If a document calls for a jurat and you’ve already signed it, expect to cross out your signature and sign again while the notary watches.
About half the states require notaries to keep a journal recording every act they perform, including the date, the type of act, and how the signer was identified. Experienced notaries keep a journal even where it isn’t mandatory, because it is the best evidence that proper procedure was followed if the notarization is later challenged.
What They Can Charge
State law caps standard notary fees. In-person maximums run from as low as $2 in some states to $25 in others, with most falling between $5 and $15 per signature. Banks and credit unions often provide the service free to account holders. Shipping and parcel stores typically charge at or near the state cap. Mobile notaries, who hold the same commission but travel to the signer, add a separate travel fee that can range from $25 to $150 or more depending on distance and time of day. Some states regulate that travel charge; others leave it to the notary.
Government Officials with Ex Officio Authority
Some public officials can notarize documents without applying for a separate commission. Judges and court clerks are the most widely recognized examples. Because their regular duties already involve administering oaths and verifying legal documents, state law grants them notary powers automatically as part of the office they hold. This is called ex officio authority, and it generally lasts only as long as the person holds that position.
The specific list varies by jurisdiction. In many states it includes justices of the peace, magistrates, and county clerks. A handful of states extend ex officio authority to certain legislators or other elected officials. If you plan to rely on a government official for a notarization, call ahead. Many have the authority on paper but don’t actively offer the service to walk-in members of the public.
Military Notaries
Federal law creates a separate notary system for the military. Under 10 U.S.C. § 1044a, judge advocates, legal assistance attorneys, adjutants, civilian paralegals at military legal offices, and other designated service members can perform notarial acts for anyone in the uniformed services, their dependents, and other individuals eligible for military legal assistance.1Office of the Law Revision Counsel. 10 USC 1044a – Authority to Act as Notary The authority follows the service member wherever they are stationed, including overseas deployments and combat zones.
The statute prohibits charging any fee for these notarial acts.1Office of the Law Revision Counsel. 10 USC 1044a – Authority to Act as Notary For military families dealing with powers of attorney, real estate transactions, or estate planning while one spouse is deployed, the base legal assistance office is the starting point. Walk-ins are common, and turnaround is usually faster than civilian alternatives.
Who Cannot Notarize Your Documents
Having the right type of commission is only half the question. The whole purpose of notarization is a neutral third party verifying the signing, and several categories of people are disqualified from acting as that neutral party even if they are commissioned. Using one of them can void the entire document.
- The signer themselves. A notary cannot notarize their own signature. This comes up when someone who happens to be a notary drafts an affidavit and tries to notarize it personally. The fix is to find a second notary.
- Anyone with a financial stake in the transaction. If the notary is a party to the contract, a beneficiary of the will, or a recipient of transferred property, they cannot notarize the document.
- Family members, in many states. The rules are a patchwork. Some states flatly prohibit notarizing for a spouse, parent, or child. Others allow it as long as the notary has no financial interest. The safest approach is to find an unrelated notary whenever a family member’s signature needs witnessing.
A commission also does not make someone a legal advisor. Notaries are prohibited from choosing which type of document you need, recommending whether a document should get an acknowledgment or a jurat, drafting legal paperwork, or answering questions about the legal effect of what you’re signing. Those tasks cross into the unauthorized practice of law and can cost the notary their commission or trigger criminal charges.
The “Notario Público” Warning
This limit catches people off guard most often in immigration contexts. In many Latin American countries, a “notario público” is a licensed legal professional with authority similar to an attorney. In the United States, a notary public has no such authority. The FTC has warned repeatedly about scams where individuals advertise as “notarios” and charge immigrants for legal services they are not qualified to provide, taking money and documents while delivering nothing of value and sometimes actively damaging the person’s immigration case.2FTC. Notarios Are No Help With Immigration If you need help with immigration paperwork, you need an attorney or a DOJ-accredited representative, not a notary.
Where to Find a Notary
For most people, the nearest bank or credit union branch is the quickest option. Many branches keep a commissioned notary on staff, and account holders can usually get documents notarized at no charge. Call ahead, because not every branch has a notary available every day, and some require an appointment.
Beyond banks, notary services are available at shipping and parcel stores, real estate offices, title companies, and many law firms. Real estate and title offices are particularly useful if your document involves a property transaction, since the closing agent is often a notary. Some public libraries, tax preparation offices, and AAA branches also offer notary services, though availability is inconsistent.
Remote online notarization is another option in most of the country. As of early 2025, 45 states and the District of Columbia have enacted permanent laws allowing it, where the signer and the notary connect through a live audio-video session rather than meeting face to face.3National Association of Secretaries of State. Remote Electronic Notarization Fees typically run higher than in-person sessions, commonly landing between $25 and $50 per document, with identity checks that layer government-ID credential analysis and knowledge-based authentication questions.
If you want to verify that someone is actually commissioned before handing over your documents, most state secretary of state offices maintain a searchable online database where you can look up a notary by name or commission number. For a military-eligible signer, the base legal assistance office is the direct route. For an ex officio notarization from a judge or clerk, contact the court or county office before you arrive.