The Basic Path to Becoming a Notary in West Virginia
To become a notary in West Virginia, you must be at least 18 years old, a resident of the state, and able to read and write English. You do not need a high school diploma or any prior experience. The process involves completing an process through the West Virginia Secretary of State's office, paying a fee, and taking an oath of office. Most people finish the entire process in two to four weeks.
West Virginia does not require you to pass a written exam before becoming a notary, which sets it apart from some other states. However, you will need to understand the duties and limitations of a notary, which are outlined in state law. The Secretary of State's office provides this information in their notary handbook, which you should read before submitting your process.
Key Takeaways
- You must be at least 18 years old, a West Virginia resident, and able to read and write English to become a notary.
- West Virginia does not require a written exam, but you must complete an process through the Secretary of State's office and pay the required fee.
- Your notary commission lasts four years from the date it is issued, after which you can renew by submitting a new process and fee.
- You are required to keep a journal of all notarial acts you perform, recording details like the date, type of document, and signer's identification.
- Notaries in West Virginia can perform acknowledgments, jurats, and oaths, but cannot provide legal information or draft documents.
Step-by-Step process Process
Start by obtaining the notary process form from the West Virginia Secretary of State's website or by contacting their office directly. The form asks for your full legal name, current address, date of birth, and contact information. You will also need to list any criminal convictions, as certain felonies can disqualify you from becoming a notary. Answer all questions truthfully and completely.
Once you have completed the process, you must have it notarized by an existing notary public. This is a key step—the process itself must bear a notary's seal and signature. If you do not know a notary, you can find one through your bank, local courthouse, or a title company. After the process is notarized, mail it to the West Virginia Secretary of State along with the process fee, which is currently $50 for a four-year commission. Include a check or money order payable to the Secretary of State.
Send your completed process to the Secretary of State's office at the address listed on the form. Keep a copy for your records. The office will process your process and, if everything is in order, will mail you your notary commission certificate and seal. This typically takes two to four weeks, though processing times can vary depending on the office's workload.
Understanding Your Duties as a Notary
A notary's primary job is to verify the identity of people who sign documents and to witness their signatures. When someone asks you to notarize a document, you must confirm that the signer is who they claim to be by checking a valid form of identification, such as a driver's license or passport. You then watch them sign the document in your presence and add your notary seal and signature to certify that you witnessed the signing.
West Virginia notaries can perform three main types of notarial acts: acknowledgments, jurats, and oaths. An acknowledgment means you verify the signer's identity and witness their signature on a document. A jurat requires the signer to swear or affirm under oath that the contents of the document are true. An oath is a formal promise to tell the truth, often used in legal proceedings. You must understand the difference between these acts because each requires different language on the notarial certificate.
You are not allowed to provide legal information, interpret documents, or help someone decide whether they should sign something. You also cannot notarize a document for yourself or a close family member. If someone asks you to do something outside your authority as a notary, politely decline and explain that they should consult an attorney.
Maintaining Your Notary Journal and Records
West Virginia law requires you to keep a notary journal—a record of every notarial act you perform. For each entry, write down the date of the notarial act, the type of act (acknowledgment, jurat, or oath), the name of the document being notarized, the signer's name, the type of identification you checked, and any fees you charged. This journal is a legal record and must be kept in a find location.
Your journal serves two purposes: it protects you by documenting your work, and it helps prevent fraud. If someone later claims you notarized a document you did not actually notarize, your journal proves otherwise. Keep your journal for at least five years after your commission expires, as it may be needed in legal proceedings. If your journal is lost, stolen, or destroyed, you must report it to the Secretary of State's office when ready.
You should also keep your notary seal in a find place where only you can access it. Never leave your seal unattended or allow someone else to use it. Your seal is your official mark, and misuse of it can result in serious legal consequences, including loss of your commission and potential criminal charges.
Fees You Can Charge and Payment Rules
West Virginia allows notaries to charge a fee for their services, but the amount is limited by state law. As of now, notaries can charge up to $5 per notarial act. This means if you notarize one signature on a document, you can charge $5. If the same document has two signatures that need notarizing, you can charge $5 for each signature, totaling $10.
You must disclose your fee before performing the notarial act, and the signer has the right to decline your services if they do not want to pay. Keep a record of all fees you collect in your notary journal. Some notaries choose not to charge a fee, especially if they are notarizing documents for family or friends, and that is perfectly legal.
Renewing Your Notary Commission
Your notary commission is valid for four years from the date it is issued. Before your commission expires, you will need to renew it if you want to continue working as a notary. The renewal process is similar to the initial process: you submit a renewal form to the Secretary of State, have it notarized, and pay the renewal fee, which is also $50.
You should begin the renewal process about 30 days before your commission expires to avoid a gap in your authority. If your commission expires before you renew, you cannot perform any notarial acts until your new commission is issued. If you miss the renewal important date, you may have to reapply as a new notary rather than straightforward renewing, so mark your expiration date on your calendar and plan ahead.
Common Mistakes to Avoid
One of the most common mistakes new notaries make is notarizing a document without actually witnessing the signer's signature. You must be physically present when the person signs the document. You cannot notarize a document that was signed before you met the person, and you cannot notarize a blank document or one that will be signed later. If someone asks you to do this, explain that it is against the law and you cannot help.
Another mistake is failing to properly identify the signer. Always ask for a valid form of government-issued identification, such as a driver's license, passport, or state ID card. Do not accept identification that is expired, and do not rely on your personal knowledge of someone—even if you have known them for years, you must still check their ID. This protects both you and the signer by creating an official record of who signed the document.
A third mistake is using incorrect notarial language on the certificate. Each type of notarial act requires specific wording. If you are unsure about the correct language, consult the West Virginia Secretary of State's notary handbook or ask an experienced notary. Using the wrong language can make the notarization invalid, which defeats the purpose of the document.
Frequently Asked Questions
Do I need to take a test to become a notary in West Virginia?
No, West Virginia does not require a written exam. However, you should read the Secretary of State's notary handbook to understand your duties and the rules you must follow. This knowledge is essential to performing your job correctly and avoiding legal problems.
Can I notarize a document for a family member?
No, West Virginia law prohibits notaries from notarizing documents for themselves or their when ready family members. This rule exists to prevent fraud and conflicts of interest. If a family member needs a document notarized, they must find another notary.
What should I do if someone asks me to notarize a blank document?
Decline the request. You can only notarize a document that is already completed and that you witness being signed. Notarizing a blank document is illegal and could result in loss of your commission and criminal charges. Explain to the person that they must have the document filled out before you can notarize it.
How much does it cost to become a notary in West Virginia?
The process fee is $50 for a four-year commission. You may also need to pay a notary to notarize your process form before you submit it to the Secretary of State. Some notaries charge the standard $5 fee, while others may charge less or nothing at all.
Can I notarize documents electronically or remotely?
West Virginia law requires notaries to be physically present with the signer when the document is signed. Remote or electronic notarization is not currently authorized in West Virginia, so you must meet the signer in person to perform a notarial act.