A notary public is a state-commissioned official who acts as an impartial witness when important documents are signed, confirming that each signer is who they claim to be and is signing willingly. The notary’s seal and signature make a document harder to forge and harder to challenge later, which is why banks, courts, county recorders, and government agencies so often require it. Notaries exist in every state, their powers are set by state law, and their job is procedural, not advisory.
What a Notary Does and Doesn’t Do
A notary is a ministerial officer. That means they follow fixed procedural rules: confirm the signer appeared in person, verify identity with acceptable ID, and make sure the signer is acting voluntarily. They do not weigh in on whether a contract is a good idea, interpret what a clause means, or resolve disputes between the parties. Those are jobs for attorneys and judges.
Because the notary stands in as an extension of state authority, a notarized document carries a legal presumption that the signing was done properly. If the document is later challenged, that presumption matters. To keep it intact, the notary must remain completely disinterested in the transaction, with no personal or financial stake in the outcome.
One point worth being blunt about: a notary who is not also a licensed attorney cannot give legal advice, draft legal documents, or explain the legal effect of what you’re signing. If you need those services, you need a lawyer.
The Acts a Notary Can Perform
State law authorizes notaries to perform several distinct acts. Each one serves a different purpose, and the type of act required depends on the document.
Acknowledgments
An acknowledgment confirms the signer’s identity and captures their declaration that they signed the document voluntarily for its intended purpose. The signer has to appear before the notary in person, but in most states the document itself does not have to be signed in the notary’s presence; it can be signed beforehand, as long as the signer personally acknowledges the signature. Real estate deeds and other property documents typically use acknowledgments.
Jurats
A jurat is a step up. The signer must sign the document in front of the notary and then take a spoken oath or affirmation that the contents are true, under penalty of perjury. A nod or silence won’t do; the signer has to answer out loud. Affidavits and court pleadings normally require a jurat.
Oaths, Affirmations, and Copy Certifications
Notaries can also administer oaths and affirmations on their own, outside a signing, such as swearing in a witness. An affirmation does the same work as an oath without a religious reference, for signers who prefer it. Some states let notaries certify that a photocopy is a true reproduction of an original, but this power is usually limited to private documents. Notaries generally cannot certify copies of birth certificates or other publicly recorded vital records; official copies of those have to come from the agency that issued them.
Documents That Commonly Need Notarization
Some documents carry enough financial or legal weight that either state law or the receiving institution requires a notary’s involvement before accepting them. The most common examples:
- Real estate deeds and mortgages. County recording offices typically require notarized signatures before accepting a property transfer, which helps prevent fraudulent conveyances.
- Powers of attorney. Granting someone legal authority to act for you carries real risk, so the principal’s signature is almost always notarized to confirm identity and willingness.
- Affidavits. A sworn statement used as evidence requires a jurat, meaning an oath taken before the notary.
- Loan documents. Mortgage closings and many commercial loan signings involve notarized signatures to protect both lender and borrower from later fraud claims.
- Self-proving affidavits for wills. A will itself does not need to be notarized to be valid in any state except Louisiana. But attaching a notarized self-proving affidavit, signed by the witnesses, allows a probate court to accept the will without calling the witnesses to testify.
Requirements vary by state and by the institution receiving the document. If you aren’t sure, call the agency or office that will receive the signed document before you book an appointment.
When a Notary Has to Say No
Notaries are not just allowed to turn away a signing in certain situations; they’re required to. If you run into any of the following, expect the notary to stop:
- The signer isn’t there. Every notarial act requires the signer’s personal appearance, either in person or through an authorized remote online session. A notary cannot notarize for someone who isn’t present.
- Identity can’t be verified. If acceptable ID isn’t available and the notary cannot otherwise confirm who the signer is, the notarization doesn’t happen.
- The document has blank spaces or missing pages. Blanks could be filled in with false information after the fact, so many states require notaries to refuse incomplete documents.
- The signer doesn’t appear aware or willing. If the signer seems confused, heavily medicated, or impaired to the point they don’t understand what they’re signing, the notary should refuse. The same goes for signs of pressure or coercion. A notary may ask others to leave the room to speak with the signer privately.
- No notarial certificate is attached. If the document doesn’t say what type of notarization it needs and the signer doesn’t know either, the notary can’t pick one for them. Choosing on the signer’s behalf would cross into legal advice.
A notary also cannot notarize their own signature or any document in which they have a financial or beneficial interest. Rules on notarizing for family members vary: a few states prohibit it outright, most allow it only when the notary has no stake in the transaction, and in community property states even a spouse’s transaction can be a conflict. When in doubt, use a different notary.
What a Notarization Costs
Most states cap what a notary can charge per act. For standard acknowledgments and jurats, the statutory maximum typically falls between $2 and $25 per signature, with most states landing in the $5 to $10 range. A handful of states leave the fee to the notary’s discretion, and a few set the charge at $0 for certain acts.
Mobile notaries, who travel to you, usually add a travel fee on top of the per-act charge. Some states regulate those travel fees by mile or by hour; others let the notary set a reasonable rate. If you’re hiring a mobile notary, ask for the full total up front, including both the notarization and the travel charge.
Remote Online Notarization
For a long time, every notarial act required the signer to be physically in front of the notary. Remote online notarization, or RON, changes that by allowing signer and notary to meet through a live audio-video connection. As of early 2025, at least 45 states and the District of Columbia have enacted permanent laws authorizing RON.
Identity verification during a RON session is more involved than in person. The signer presents a government-issued ID on camera, and specialized software analyzes the credential’s security features to confirm it is authentic and unaltered. The signer then completes a knowledge-based authentication quiz, typically five multiple-choice questions drawn from public and private records, and has to answer at least 80 percent correctly within a time limit. The notary also visually compares the signer’s live appearance to the ID photo throughout the session.
States that authorize RON generally require the notary to make an audio-video recording of the whole session. Retention periods vary, but five to ten years is common, and the recording has to be stored securely with password protection or encryption. That recording creates a far more detailed evidence trail than a traditional in-person notarization.
“Notario Público” Is Not the Same Thing
In many Latin American countries, a “notario público” is a fully licensed attorney authorized to give legal advice. In the United States, the two roles are entirely different: a notary public here is not a lawyer and cannot provide legal counsel. Several states have passed laws specifically prohibiting notaries from using the term “notario” or “notario público” unless they are also licensed attorneys, and some require notaries who advertise in a language other than English to post a disclaimer stating they are not attorneys and cannot provide legal advice. If someone offers you legal help on the strength of a notary commission alone, that’s a warning sign.
If You Need the Document Used Abroad
A notarization by itself usually isn’t enough for a document to be accepted in another country. The receiving country typically wants additional certification confirming that the notary held a valid commission at the time of signing. For countries that belong to the Hague Apostille Convention, that certification is an apostille, a standardized certificate issued by the appropriate state agency, usually the secretary of state’s office. For countries outside the convention, you may need a longer chain of authentication, potentially including the state, the U.S. Department of State, and the foreign country’s consulate.
The notary does not issue the apostille. Once the notarization is complete, you take the document to the correct state agency to get the authentication added.