Do Your Forms Need Notarization?
When you’re excited to make an important life step, learning that you need to have forms “notarized” can feel like an unnecessary chore.
There’s yet another step between me and my dream home or financial plans? But notarization isn’t just pointless bureaucracy—it’s a valuable process that can actually help protect your interests and safeguard you against fraud. Read on to learn more about what notarizing really is and which common documents will likely require such reassurance.
What is notarization?
According to the National Notary Association, notarization is the “official fraud-deterrent process that assures the parties of a transaction that a document is authentic and can be trusted.” This process is conducted by a notary public, who helps authenticate signatures by vetting all required signees, overseeing the signing, and keeping record of the event and the documents. Their major duties include:
- Checking identification to verify the identity of all signees
- Ensuring all necessary parties are present to authorize forms
- Determining that all individuals present are signing forms voluntarily, are of sound mind, and aren’t being coerced
- Confirming that all parties understand the meaning and implications of any forms being signed
- Acting as an impartial witness to the event
- Administering oaths when necessary
- Certifying copies of original documents
- Recording when, where, and by whom forms were signed
Once the signing is complete, the notary public will apply their signature, the date, and a seal to all relevant documents. Depending on your state, you may even need to sign and produce a thumbprint in the notary’s journal, or recordkeeping system. The forms are then officially considered “notarized.”
Notaries aren’t legal professionals, nor are they elected officials. Rather, they are ordinary civilians who have taken the required coursework, passed an exam, submitted paperwork, and paid fees to earn this position from the secretary of state. You can typically find a notary at a real estate office, financial services firm, library, post office, or law firm. Note that they may charge fees for their services.
What do you need to have notarized?
You can have just about any form notarized if you’d like, provided you’re willing to pay the required fees. However, it’s often a requirement before proceeding with certain arrangements. Now that you know what notarization is, check out some of the important documents that generally need such approval.
Duplicate titles
If you lose or damage the original copy of a title, which proves your ownership of a home, car, or other property, you will need to fill out state forms to apply for a replacement and may be required to have them notarized.
Powers of attorney
This document allows individuals to make health, finance, or property decisions and other determinations on your behalf.
Real estate closing documents
During the homebuying or selling process, a notary will typically need to ensure all closing documents are in order, including the deed and mortgage forms. You may need a special type of official known as a notary signing agent for this step.
Trusts
This legal estate-planning form authorizes trustees, or designated individuals, to hold assets for another beneficiary and then release them at the proper time. Trusts allow you to set exact terms for distributing benefits, ensuring that your wishes are met.
Wills
When you determine how you want to transfer your assets after you pass, establish your funerary arrangements, and make other related plans, a notary will verify your identity and confirm that these are your personal wishes.
The above is just a sampling of some of the many documents that may need notarization. If you’re going through any type of process that involves important forms, reach out to your real estate agent, accountant, attorney, or other relevant professional in advance for guidance on which ones need notarization and how to get started. While this approval can feel like a chore, it will ultimately provide an added layer of assurance and credibility to important transactions or agreements.