Posted on May 23, 2022

What happens if you get a business agreement or crucial medical proxy directive in New York, but you have to travel to Virginia to have a notary notarize these documents? You might wonder whether such a notarial act is allowed or if there are separate rules that govern where a notarial act occurs.

With an out-of-state notary, you can take care of all your notarization needs, even when you’re in a different state. Out-of-state notaries are critical in many situations where you cannot get back to your home state to have a document notarized.

However, many notaries are limited in terms of where a notarial act takes place. So what is the solution?

Each state’s laws govern notarization for out-of-state documents, so you and your notary will have to analyze the state law and decide whether you can legally get your documents notarized.

In this article, we’ll explore the concept of out-of-state notarization and the process involved when your documents were issued in another state.

What Is a Notarial Act?

Any service a notary is authorized to perform is a notarial act. Common notarial acts include administering oaths and taking acknowledgments. When a notary public provides a service, they’ll always use their notarial certificate.

Before a notary public issues a notarial certificate, they will certify the document’s authenticity, the signers’ identity, and their willingness to sign it. The notarial certificate verifies the truth of the notarial act. It will have a notary seal or notary stamp and is valid in the eyes of the law.

You will need to notarize important financial, legal, or real estate documents. A notarial act provides satisfactory evidence to prove that no one agreed to the document under duress and that the signatories are who they say they are. If the documents are not notarized, they will not be valid or accepted by the other party.

Out of State Notary - Superior Notary Services

When a court sees a notarized document, they know it’s legal. Sometimes, documents are notarized in front of a credible witness who also verifies the signer’s signature and identity.

What Is a Notary Public?

A notary public is a person who has been certified by the state to notarize documents. The state government, usually the Secretary of State, appoints them to act as an impartial witness and verify document authenticity. These notarial acts protect the state against fraud.

A notary can certify a document’s authenticity and state that an agreement was made consensually, but they cannot provide legal advice.

Why You May Need an Out-of-State Notary

Most of the time, people make a notarization request in their home state. The signer appears before the notary, and the verification process begins.

All this occurs in the state where the document was issued, which means it was in-state. But there are some situations where you might have a document issued in one state, and you need to notarize it in another.

This can happen with business agreements, medical proxies, real estate documents, vehicle purchases, and more.

An out-of-state notarization stretches across multiple states and needs to consider each state’s laws. Every state has laws that govern out-of-state notarizations for mortgage documents, wills, and other agreements.

Some states might allow an out-of-state notarization to happen, and others might not, so it is crucial to understand a state’s law before entering into a notary agreement.

A notary public can only notarize documents in their jurisdiction, which is generally the notary’s state. So, for example, you cannot hire a California notary to travel and notarize out-of-state documents in Texas.

Common Documents That Need Notarization

Various documents require in or out-of-state notarization. They are important financial, real estate, medical, or legal documents and contracts that can be legally binding and have a huge impact on someone’s life. As such, those entering into such agreements need to verify each other’s identities to protect themselves from fraud.

The notary will take all parties through the notarization process for all these documents.

#1: Auto Loans and Sales

When you’re purchasing or selling a car, you want to ensure there is no identity theft or credit fraud involved. Auto notary services help you reduce the likeliness of fraud. This type of notarization is beneficial to the dealership and the buyer.

#2: Real Estate Transactions

A notary public can notarize real estate documents. A notary’s seal turns a signed agreement into a legal document. Since so many documents are required for buying or selling homes, a notary can help you ensure all your paperwork is official and properly signed.

#3: Mortgage Documents

When entering into a mortgage agreement, everything has to be done properly. That’s why a notary is required. A notary can certify first and second mortgages, provide loan closing services, serve as a signature witness, and more.

#4: Subpoenas

Serving subpoenas is a critical part of many legal proceedings. Notaries provide the necessary services that ensure all state and county rules are followed when serving someone with a legal document.

#5: Structured Settlements

Affidavits and other documents all need to be notarized for structured settlements to an accident or when someone buys the right to an annuity that settles a disability claim. All parties whose finances will be affected must sign these documents and have the documents notarized to verify everything is in order.

#6: Power of Attorney

A Power of Attorney is an important document that allows one person to make decisions for another person who is not physically present. Because of the legal weight that it carries, a notary has to validate these documents.

#7: Medical Documents and Healthcare Proxies

When it comes to medical documents, incorrect information can be detrimental. These documents can designate a person to make medical decisions on behalf of another or validate a patient’s medical wishes. A notary should issue the notarial certificate so these documents will be accepted.

#8: Business Agreements

Although business agreements do not always necessitate a notary, it’s wise to go through the process, especially if the agreement involves entities in different states.

#9: Wills, Trusts, and Deeds

A deceased person’s wishes need to be authenticated by a notary for a deed, will, or trust to be valid. Since the person cannot be physically present, a notary public must notarize a do.

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