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What Is Notary Public?

A notary public is a person appointed by a state government to serve as an impartial witness to the signing of important documents, verify the identity of signers, administer oaths, and deter fraud. When you get a document “notarized,” you’re essentially having an authorized official confirm that you are who you say you are and that you’re signing voluntarily.

Why Notarization Exists

The core purpose is fraud prevention. Without some verification process, anyone could forge a signature on a deed, a power of attorney, or a contract. Notarization adds a layer of accountability — someone independent looked at your ID, watched you sign, and put their own name and seal on the line confirming it happened.

The concept goes back to ancient Rome. Roman notarii were scribes who recorded legal proceedings and prepared official documents. The practice spread through the Roman Empire and into European legal systems. English common law adapted it, and the American colonies brought it along.

Today, every U.S. state has its own notary laws, and the specifics vary considerably. But the basic function remains the same across all jurisdictions: an impartial witness who adds credibility and legal weight to document transactions.

What Notaries Actually Do

A notary public performs several specific functions:

Acknowledgments are the most common notarial act. The signer appears before the notary, presents identification, and acknowledges that they signed the document voluntarily. The notary doesn’t need to watch the actual signing — they’re confirming the signer’s identity and willingness.

Jurats (also called verified statements) require the signer to swear or affirm under oath that the contents of the document are true. The notary administers the oath and watches the signing. This is common for affidavits and sworn statements.

Oaths and affirmations can be administered independently of any document. Witnesses in depositions, for instance, are often sworn in by a notary.

Copy certification involves the notary confirming that a photocopy of an original document is accurate. Not all states allow notaries to perform this function.

Signature witnessing means the notary watches someone sign a document without the identity verification or oath components of an acknowledgment or jurat.

The Process, Step by Step

Getting a document notarized is straightforward, but the details matter.

You show up in person. This is a hard requirement in most states — the notary must be physically present with you. (Remote online notarization, discussed below, is changing this in some states.)

You present valid identification. Typically a government-issued photo ID — driver’s license, passport, or state ID card. The notary checks that the photo matches your face, the name matches the document, and the ID isn’t expired.

The notary may ask if you’re signing willingly and understand the document. They’re not advising you on the document’s content — notaries generally aren’t lawyers, and they shouldn’t be giving legal advice — but they should confirm you’re not being coerced.

You sign the document (or acknowledge your previous signature). The notary completes the notarial certificate — a block of text that records the date, location, type of notarial act, and the signer’s identity. They sign their name and apply their official seal or stamp.

The notary records the transaction in their journal — a log of every notarial act they perform, including dates, names, document types, and identification presented.

Becoming a Notary

Requirements vary by state, but generally you need to:

• Be at least 18 years old (some states require 21)
• Be a legal resident of the state
• Have no felony convictions (some states have exceptions)
• Complete a training course (required in about half the states)
• Pass an exam (required in some states, including California and New York)
• Submit an application and pay a fee
• Obtain a surety bond (required in most states, typically $5,000-$25,000)
• Purchase a notary seal or stamp

The commission typically lasts four to ten years depending on the state. Renewal requires a new application and sometimes additional training.

Remote Online Notarization

The biggest change in notary practice in decades is remote online notarization (RON). Instead of meeting in person, the signer connects with the notary via secure video conference. Identity is verified through knowledge-based authentication questions and credential analysis technology.

Virginia was the first state to authorize RON in 2012. As of 2025, most states have passed RON legislation. The COVID-19 pandemic accelerated adoption dramatically — when people couldn’t meet in person, remote notarization became essential for real estate closings, estate planning, and business transactions.

RON platforms record the entire session on video, creating a more detailed record than traditional paper-based notarization. Critics argue that video verification is less reliable than in-person identification, but proponents counter that the recorded session actually provides better evidence if questions arise later.

Common Misconceptions

“Notarization means the document is legal.” No. A notary doesn’t validate the document’s content or legal sufficiency. They verify the signer’s identity and willingness. A perfectly notarized document can still be legally invalid for other reasons.

“Notaries can give legal advice.” Generally, no. Unless they’re also licensed attorneys, notaries should not advise you on the content or legal implications of documents. In many states, providing legal advice without a license is a crime.

“Any document can be notarized.” A notary should refuse to notarize blank or incomplete documents, documents where the signer can’t be identified, or documents where the signer appears to be under duress or lacking mental capacity.

“Notarization is the same everywhere.” In the U.S., notary authority is relatively limited. In civil law countries (much of Europe and Latin America), notaries are highly trained legal professionals — essentially specialized lawyers — with much broader authority to draft and authenticate legal documents.

Notarization is one of those behind-the-scenes systems that keeps legal transactions honest. You might encounter it a handful of times in your life — buying a house, setting up a power of attorney, signing an affidavit — but when you need it, having an impartial witness who can confirm that you are who you say you are matters more than you’d expect.

Frequently Asked Questions

What documents need to be notarized?

Common documents requiring notarization include real estate deeds, powers of attorney, wills and trusts (in some states), affidavits, loan documents, and certain business contracts. Requirements vary by state and document type. Not all signatures need notarization — only those where law or the parties require an additional layer of verification.

How much does notarization cost?

Fees vary by state and are typically set by state law. Most states cap fees between $2 and $15 per notarial act. Some states like California cap at $15 per signature. Mobile notaries who travel to your location may charge additional travel fees. Bank customers can often get documents notarized for free at their bank.

Can a notary refuse to notarize a document?

Yes. A notary must refuse if the signer cannot be properly identified, appears to be signing under duress or is mentally incapacitated, if the document is incomplete, or if the notary has a personal interest in the transaction. Notarizing a document under these circumstances could expose the notary to legal liability.

Further Reading

• National Notary Association
• American Society of Notaries
• U.S. Department of State - Notarial Services