what types of documents need a notary?

What type of Documents need a Notary ?

"Individuals buying a home, adopting a child, completing estate planning documents, such as wills and advanced health care directives, or completing any number of legal procedures may find themselves in need of a notary."

After the coronavirus pandemic hit, and the virus spread continued to surge throughout 2021, the methods of getting a document quickly and safely notarized evolved, reports WTOP’s article entitled “What Is a Notarized Document — and Where Can I Get Something Notarized?”  So what types of documents need a notary?

“Notaries have bent over backwards to accommodate the varying needs during the pandemic,” says Bill Anderson, vice president of government affairs at the National Notary Association. “The pandemic didn’t stop business. Even though we’ve been working from home, and it’s been harder than usual to get work done, the types of documents that required notarization before the pandemic continue to require notarization during the pandemic.”

A notary is appointed by the state to serve as an impartial witness to protect against fraud. They act as gatekeepers during the signing of important documents. Moreover, they’re required to follow specific rules in accordance with state laws and regulations. Notarization is an official process in which the parties of a transaction make certain that a document is authentic and legitimate.

Notarization entails the verification of a signer’s identity, their willingness to sign without duress or intimidation, along with their awareness of the document’s contents.

Notarizations can also be called “notarial acts.”

There are three common types of notarial acts:

  • Acknowledgments, where a signer declares the signature on the document is his or her own, made willingly, for documents, such as real property deeds, powers of attorney, and trusts.
  • Jurats which verifies that paperwork is truthful. This typically involves documents associated with criminal or civil justice systems.
  • Certified copies include certifying the copying or reproduction of certain papers.

A notary will ask to see a current ID that has a photo, physical description and signature. He or she will also record the details of the notarization in a chronological journal of notarial acts.

If a document fails any of the criteria, the notary will refuse to validate the document.

The process is complete when the notary affixes his or her signature and seal of office on a notarial certificate. Talk with your estate planning attorney to make sure you have a full understanding of what type of documents need a notary and how the process works in your state.

If you would like to read more about estate planning documents and the process of signing, please visit our previous posts.

Reference: WTOP (Aug. 26, 2021) “What Is a Notarized Document — and Where Can I Get Something Notarized?”

Photo by Mikhail Nilov from Pexels

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Information in our blogs is very general in nature and should not be acted upon without first consulting with an attorney. Please feel free to contact Texas Trust Law to schedule a complimentary consultation.
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