Documents that commonly require notarization

Not every document needs a notary. The ones that do fall into a few clear categories: real estate transactions, legal powers of attorney, affidavits (sworn statements), and documents you're sending out of state or to a government agency. Your state law determines which documents are mandatory, and some documents are notarized by custom even when not legally required—lenders and courts often ask for it as a safeguard.

The most common notarized documents are deeds (when you buy, sell, or transfer property), powers of attorney (when you give someone legal authority to act on your behalf), affidavits (sworn statements used in court or for official purposes), and loan documents (mortgages and promissory notes). You'll also encounter notarization requirements for documents going to another state, documents filed with a court, and some financial or legal paperwork that crosses state lines.

Key Takeaways

  • Real estate deeds, powers of attorney, and affidavits almost always require notarization in every state.
  • Loan documents—mortgages, promissory notes, and refinance paperwork—are notarized by the lender's requirement, not always by law.
  • Documents traveling out of state or filed with a court often need notarization even if your state doesn't mandate it for that document type.
  • Your state's laws determine which documents are legally required to be notarized; check your state's notary statute or ask the organization requesting the document.
  • A notary verifies your identity and confirms you signed the document willingly—they do not read or approve the content.

Real estate documents that require notarization

Any document that transfers ownership or creates a lien on property must be notarized in all 50 states. This includes warranty deeds (the seller guarantees they own the property free and clear), quitclaim deeds (the seller transfers whatever interest they have, with no may provide), mortgage documents, and deed of trust papers (used in some states instead of mortgages). If you're refinancing, the new mortgage or deed of trust will also be notarized.

Transfer on death deeds, which let you pass property to someone without going through probate, are notarized in states that recognize them. Property tax documents, easements (the right to use someone else's land), and homeowners association documents sometimes require notarization depending on your state. When in doubt, ask the title company, lender, or county recorder's office—they know your state's rules and will tell you what's needed before you sign.

Powers of attorney and healthcare directives

A power of attorney (POA) is a document that gives another person legal authority to act on your behalf—to manage your bank account, sell property, or make medical decisions. All states require POAs to be notarized. This is true for general powers of attorney (broad authority), limited powers of attorney (authority for one specific task), and durable powers of attorney (which survive your incapacity).

Healthcare directives and living wills (documents that spell out your medical wishes if you can't communicate) are notarized in most states, though a few allow them to be witnessed by two people instead. HIPAA authorization forms (which let doctors share your medical information with family members) are often notarized by the healthcare provider's request, even if your state doesn't require it. If you're creating these documents, ask your attorney or the organization that will hold them whether notarization is required in your state.

Affidavits and court documents

An affidavit is a written statement you swear is true under penalty of perjury. Affidavits are notarized in all states because the notary's role is to confirm you signed it and understand you're swearing to its truth. Common affidavits include affidavits of identity (proving who you are), affidavits of residence (proving where you live), and affidavits of heirship (used when someone dies without a will).

Court documents filed as part of a lawsuit—such as declarations, motions, and sworn statements—are often notarized, though some courts accept unnotarized documents if you sign them under penalty of perjury. Check your local court's rules or ask the clerk before you sign. Adoption papers, name change petitions, and other family law documents usually require notarization. If you're filing anything with a court, the court's website or the clerk's office will tell you what's needed.

Financial and business documents

Lenders require notarization on promissory notes (written promises to repay a loan), mortgages, and home equity lines of credit. These are notarized not always because state law mandates it, but because the lender wants the extra layer of verification that you signed willingly and understood what you were signing. If you're borrowing money from a bank, credit union, or mortgage company, assume the loan documents will be notarized.

Business documents like articles of incorporation (the founding document for a corporation), partnership agreements, and LLC operating agreements are sometimes notarized, depending on your state and the lender or investor involved. Stock transfers and bond documents may also require notarization. If you're starting a business or taking on investors, your attorney or accountant will tell you which documents need notarization.

Documents for out-of-state use and international travel

Documents you're sending to another state often need notarization even if your home state doesn't require it for that document type. This is because the receiving state wants proof that you signed the document and that someone verified your identity. Apostilles (a special form of notarization used for international documents) are required when you're sending a document to a country that is part of the Hague Apostille Convention—which includes most English-speaking countries and many others.

If you're moving out of state and need to transfer a professional license, register a vehicle, or file documents with another state's government, check that state's requirements before you sign. Many states' government websites have a notary section that lists which documents require notarization. If you're traveling internationally and need documents notarized for use abroad, ask the embassy or consulate of the country you're visiting what they require.

Documents that do not require notarization

Wills do not require notarization in most states, though some states offer self-proving wills (notarized wills that don't need witness testimony in probate court). Contracts between private parties—rental agreements, purchase agreements for personal property, employment contracts—are not notarized unless one party requests it. Personal letters, medical records, and tax returns are never notarized.

Divorce decrees, child custody orders, and other court judgments are not notarized because they come from the court itself. If you need a certified copy of a court document, the court provides it with an official seal—not a notary seal. Birth certificates, death certificates, and marriage licenses are issued by the government and do not need notarization, though you may need a certified copy for certain purposes.

How to learn about a document needs notarization

The safest approach is to ask the organization that will receive the document. If you're buying a house, ask the title company or lender. If you're filing with a court, call the clerk's office. If you're creating a legal document like a power of attorney, ask your attorney. Most organizations will tell you exactly which pages need to be notarized and whether you need one notary or multiple notaries for different pages.

Your state's notary statute (the law governing notaries) lists documents that are legally required to be notarized. You can find this on your state's Secretary of State website, usually under a "notary public" section. If you're unsure whether a document is required to be notarized in your state, that's the place to check. When you do find a notary, bring the unsigned document, a valid photo ID, and ask the notary to walk you through what they'll verify before you sign.

Frequently Asked Questions

Can a notary refuse to notarize a document?

Yes. A notary can refuse if you don't have proper ID, if they don't believe you're signing willingly, if the document appears fraudulent, or if they have a conflict of interest (for example, if they're a party to the document). A notary cannot refuse based on the document's content or their personal beliefs about what the document says.

Do I need the same notary for every page, or can different notaries sign different pages?

Different notaries can notarize different pages of the same document, though it's simpler to use one notary for the whole thing. Some documents—like mortgages—may require notarization on only certain pages. Ask the organization requesting the document which pages need the notary's seal.

What's the difference between notarization and an apostille?

A notarization is a notary's seal confirming you signed a document. An apostille is a special certificate added to a notarized document, used when the document is going to a country that recognizes the Hague Apostille Convention. You get an apostille from your state's Secretary of State office, not from the notary.

Can I notarize a document I wrote myself, or does someone else have to write it?

You can write the document yourself. A notary doesn't care who wrote it—they only verify that you signed it, that you have valid ID, and that you're signing willingly. The notary does not read or approve the content.

How long is a notarized document valid?

A notarized document doesn't expire. The notary's seal is proof that you signed it on a specific date and that your identity was verified at that time. However, the organization using the document may have its own rules—for example, a lender might require a notarized document to be no more than 90 days old.