What to Expect When You Need a Legal Document Notarized

In America, a significant percentage of business and financial transactions require the processing of written documentation. The purpose of these written documents is to represent how associates should conduct certain transactions and name the parties with a vested interest in the transaction.

While these notarization laws may vary from one state to the next, here are some of the most common documents that require notarization:

- Wills and testaments
- Employment contracts
- Legal complaints and affidavits
- Real estate transactions: buying and selling
- Mortgage notes
- Real estate transactions: title transfers
- Guardianship orders

Note: This list isn’t exhaustive and only features a few types of documents that may require notarization. As a rule of thumb, you should notarize any legal document that might go before a judge.

The first step you need to take in the notarization process is to locate a notary public licensed in your jurisdiction. You can find notaries via the internet, at most banks, and some law/accounting firms.

Once you find a qualified notary public, you’ll need to coordinate a meeting with the notary and all document signers. All signers need to be present so the notary can adequately verify the signer’s identities. Remember, the notarization process is intended to prevent fraud and make sure legal documents are processed correctly.

Note: If all signers can't be present simultaneously, each individual will have to request notarization, one-by-one. Remember, you must sign documents in need of notarization in front of the notary. It’s illegal for them to notarize a pre-signed document of any kind.

After the signatures have been affixed and notarized, you will need to pay the notary their set notary fee. Generally speaking, expect to pay $15 per notarized document, though some fees can exceed $100, depending on the circumstances. 

The notary's responsibilities

A notary acts as a surrogate for the legal system. The notarization process is so tedious that lawyers and court officials don't have time to vouch for all individuals signing pertinent legal documents. Therefore, the responsibility falls on licensed notary publics who get paid for their services.

Before hiring a notary, you should familiarize yourself with their primary duties. In most cases, a notary had three central responsibilities.

Firstly, they are required to verify each signer’s identity before the signer signs the document. The acceptable forms of identification include a driver’s license, birth certificate, or passport. In some states, a notary might accept military or state-issued identification cards.

Secondly, the notary must witness the entire signing process, so the notary has an opportunity to confirm each signer is of sound mind and body during the signing process. If a signer is visibly inebriated or coerced into signing these documents, a notary will take action.

Finally, a qualified and experienced notary should note the signer’s disposition as they sign. To ensure optimal security, a notary should be looking for signs that a signer is proceeding under duress or against their will. Examples of duress include inequalities in the power of negotiation, literacy problems, etc.

For clarification purposes, a notary is a public official, not an attorney and isn’t required to attest to the legitimacy of the legal document signed. These notaries simply notarize the paperwork based on the belief that everyone involved is acting in good faith.

Much like with any task, background knowledge can prevent costly missteps and ensure all parties’ well-being. Before entering into the notarization process, do your due diligence to answer any arising questions before physically signing the documents in a notary public’s presence.