Notary licenses are issued by individual states, not the federal government
Yes, notaries are state-specific. Each state sets its own rules for who can become a notary, what they can and cannot do, how long their commission lasts, and what they charge. There is no national notary license. If you are commissioned as a notary in California, that commission is valid only in California. If you move to Texas or need a document notarized there, you would need to be commissioned in Texas.
This matters because the rules differ significantly from state to state. A notary in one state might be allowed to notarize a signature on a power of attorney, while a notary in another state might not. Some states require notaries to take an exam; others do not. Some allow notaries to work remotely; others require the signer to appear in person. If you are hiring a notary or becoming one yourself, you need to know your own state's rules, not a neighbor's.
Key Takeaways
- Notary commissions are issued by your state's Secretary of State office or equivalent agency, and they are valid only within that state.
- Each state sets different requirements for becoming a notary, including age, residency, background checks, exam requirements, and fees.
- Notary powers vary by state—what one notary can do in their state, another notary cannot do in theirs.
- If you need a document notarized while traveling or living in a different state, you must find a notary commissioned in that state.
- Remote notarization rules differ by state; some allow it, others require the signer to be physically present.
Who issues notary commissions and how long they last
Your state's Secretary of State office (or the equivalent agency in your state—some call it the Department of State or the Lieutenant Governor's office) issues notary commissions. You explore through that office, pay a fee, and if you meet your state's requirements, you receive a commission. The commission is a formal document stating that you are authorized to act as a notary in that state.
Commission terms vary by state. Most states issue commissions for four or six years. A few states offer longer or shorter terms. When your commission expires, you must renew it through the same office, usually by submitting a renewal process and paying another fee. If you let your commission lapse and then want to notarize documents again, you may have to reapply from scratch rather than straightforward renew.
How notary requirements differ from state to state
The basic requirements to become a notary are similar across states—you must be a U.S. citizen or permanent resident, at least 18 years old, and a resident of the state where you are explore. Beyond that, states diverge sharply.
Some states require you to pass an exam on notary law and procedure; others do not. Some states require a background check; others do not. Some states require you to take a training course; others leave that optional. Fees range from under $50 to over $200 for the initial commission, and renewal fees may be different from initial fees. A few states require notaries to carry errors and omissions insurance; most do not. If you are planning to become a notary, check your state's Secretary of State website for the specific requirements in your state.
What notaries can and cannot do varies by state
A notary's core job is the same everywhere: witnessing a signature and certifying that the person who signed the document is who they claim to be. But the scope of what notaries can do beyond that varies significantly by state.
In some states, notaries can notarize powers of attorney, affidavits, and other legal documents. In other states, notaries have narrower powers and cannot notarize certain types of documents. Some states allow notaries to perform marriage ceremonies; most do not. Some states allow notaries to take acknowledgments and jurats (two different types of notarization); other states limit notaries to one or the other. If you need a specific document notarized, you should confirm that a notary in your state is allowed to notarize it before you pay for the service.
Remote notarization rules are state-specific
During the COVID-19 pandemic, many states temporarily or permanently allowed notaries to notarize documents remotely—meaning the signer and notary communicate by video rather than meeting in person. However, the rules for remote notarization differ by state, and some states still do not allow it.
States that do allow remote notarization often have specific requirements: the notary must use a platform that records the session, the signer must provide government-issued ID, and the notary must be able to see the signer clearly on video. Some states allow remote notarization only for certain types of documents. If you need a document notarized remotely, check whether your state allows it and what the specific rules are.
What happens if you need a notary in a different state
If you are traveling or have moved and need a document notarized, you must find a notary commissioned in that state. A notary from your home state cannot notarize a document in another state, even if they are physically present there. The notarization would not be valid because the notary is not commissioned in that state.
The easiest way to find a notary in a different state is to search online for "notary public near me" or check with your bank—many banks offer notary services to customers at no charge. You can also contact the Secretary of State office in that state; some maintain searchable directories of commissioned notaries. If you are in a rural area or need a notary for an unusual document, you may need to call ahead to confirm that a notary can help you.
Notary fees are set by state law
Each state sets a maximum fee that notaries can charge per notarization. These maximums range from about $2 to $15 per signature, depending on the state. Some states allow notaries to charge additional fees for travel or for notarizing certain types of documents. A notary cannot charge more than the state maximum, though they can charge less.
If a notary quotes you a price that seems very high, check your state's maximum fee. If the notary is charging more than allowed, you can report them to your state's Secretary of State office. Many notaries, especially those working for banks or law offices, charge the minimum or do not charge at all.
Frequently Asked Questions
Can a notary from one state notarize a document for someone in another state?
No. A notary must be commissioned in the state where the document will be used. If you need a document notarized for use in another state, you must find a notary commissioned in that state. The only exception is remote notarization in states that allow it—the notary must be commissioned in the state where the document will be used, but the signer can be anywhere.
Do I need to renew my notary commission?
Yes. Notary commissions expire after a set term, usually four to six years. You must renew your commission through your state's Secretary of State office before it expires. The renewal process is typically simpler than the initial process, but you will need to pay a renewal fee and may need to meet updated requirements.
What is the difference between an acknowledgment and a jurat?
An acknowledgment is a notarization where the notary confirms that the signer is who they claim to be and that they signed the document willingly. A jurat is a notarization where the notary also confirms that the signer swore or affirmed that the contents of the document are true. Not all states allow notaries to perform both types; check your state's rules.
Can I become a notary in two states at the same time?
Yes, but you must meet the residency requirements for each state and explore separately. Some states require you to be a resident; others allow non-residents to be commissioned. If you live in one state and work in another, you may be able to become a notary in both, but you will need to maintain separate commissions and pay fees in each state.
What should I do if I find a notary charging more than the state maximum?
Report the notary to your state's Secretary of State office. Include the notary's name, the date of the notarization, the amount charged, and any documentation you have. The Secretary of State office investigates complaints and can take action against notaries who violate state law.