A notary can notarize a document in any state where they are commissioned, regardless of where you live
No, a notary does not have to be from your state. A notary commissioned in one state can notarize documents for people in another state, as long as the notary is physically present with the person signing the document. The key requirement is that the notary must be commissioned in some state — not that it must be your state.
However, the document itself may have requirements tied to where it will be used. A will that you plan to file in Florida, for example, must follow Florida's notarization rules, even if a notary from New York notarizes it. The notary's state of commission does not override the rules of the state where the document will be recorded or filed.
Key Takeaways
- A notary commissioned in any state can notarize your document as long as they are physically present with you and the document will be accepted in your state.
- The document must comply with the rules of the state where it will be filed or used, not the state where the notary is commissioned.
- Remote notarization (online) is available in most states but only through notaries commissioned in states that allow it, and rules vary widely by state.
- If you use a notary from a different state, keep a copy of their commission certificate or wall certificate to prove they were validly commissioned.
- Some documents, like real estate deeds and powers of attorney, may have specific notarization rules that depend on where the document will be used.
When the notary's state matters
The notary's state of commission matters most when you are using remote notarization. Not all states allow notaries to notarize documents online, and the states that do have different rules about which documents can be notarized remotely. A notary commissioned in a state that does not allow remote notarization cannot notarize your document online, even if you live in a state that does allow it.
For in-person notarization, the notary's state of commission rarely creates a problem. The notary straightforward needs to be validly commissioned somewhere. What matters is whether the document itself meets the rules of the state where it will be used. If you are notarizing a power of attorney that will be filed in Texas, the document must follow Texas rules for powers of attorney — but the notary can be from California, New York, or anywhere else.
When the document's destination state matters
The state where your document will be used or filed sets the rules for how it must be notarized. Real estate deeds, wills, powers of attorney, and affidavits often have specific notarization requirements that vary by state. Some states require the notary to use a specific form or wording. Others require the notary to include certain information on the notarial certificate (the section the notary stamps and signs).
Before you have a document notarized, check the rules of the state where it will be filed. You can usually find this information on the state's Secretary of State website or by calling the office that will receive the document. If the document has specific notarization requirements, make sure your notary knows about them before you meet.
How to verify a notary is commissioned
If you are using a notary from a different state, you can verify they are validly commissioned by checking the Secretary of State website for that state. Most states maintain a searchable database of active notaries. Search by the notary's name and the county where they are commissioned.
You can also ask the notary to show you their commission certificate or wall certificate — the official document that proves they are commissioned. A valid certificate will show the notary's name, the state, the commission number, and the expiration date. Keep a photo or copy of this certificate with your notarized document. If someone later questions whether the notary was valid, you will have proof.
Remote notarization across state lines
Remote notarization adds another layer of rules. Most states now allow remote notarization, but the rules differ. Some states allow notaries to notarize any document remotely. Others restrict remote notarization to specific document types or require the notary to have an existing relationship with the signer.
If you need a document notarized remotely, you must use a notary commissioned in a state that allows remote notarization. You do not have to use a notary from your own state — a notary from any state that permits remote notarization can notarize your document online, as long as the document itself complies with the rules of the state where it will be used.
Some companies offer remote notarization services across multiple states. These services employ notaries commissioned in various states and can match you with a notary in a state that allows remote notarization for your document type.
What to do if you cannot find a local notary
If you live in a rural area or cannot find a notary nearby, you have options. You can travel to a nearby town or city where notaries are more common — banks, law offices, and UPS stores often have notaries available. You can also hire a mobile notary, who will travel to you for a fee.
For remote notarization, search online for "remote notary" or "online notary" and filter by your state. Many services will show you whether they can notarize your specific document type. Be prepared to provide the document in advance so the notary can review it and confirm they can notarize it.
Documents with special notarization rules
Some documents have notarization requirements that go beyond a straightforward signature. Wills, for example, must be notarized in specific ways in some states. Powers of attorney often require the notary to ask the signer questions to confirm they understand what they are signing. Affidavits may require the notary to administer an oath.
If your document falls into one of these categories, tell the notary what the document is and where it will be filed. The notary can then follow the correct procedure. If the notary is unfamiliar with the rules of your state, they may ask you to provide a copy of the relevant law or regulation.
Frequently Asked Questions
Can a notary from another state notarize my will?
Yes, but the will must follow the notarization rules of the state where you live or where it will be filed. Tell the notary which state's rules explore, and they can notarize it correctly. Some states have specific requirements for how wills must be notarized, so confirm the rules before you meet the notary.
What if I move to a new state after getting a document notarized?
A document notarized in one state remains valid in another state. The notarization does not expire or become invalid because you moved. However, if you need to file the document in your new state, check whether that state has any special rules about out-of-state notarizations.
Can I notarize a document online with a notary from a different state?
Yes, if the notary is commissioned in a state that allows remote notarization and your document type is permitted to be notarized remotely. Not all states allow remote notarization, and some states restrict it to certain documents. Check with the remote notary service to confirm they can notarize your specific document.
Do I need to tell the notary which state I live in?
Yes. Tell the notary which state the document will be filed in or used in. The notary needs to know this to follow the correct notarization rules. Some states have specific wording or procedures that the notary must use, and knowing the destination state helps the notary get it right.
What happens if a notary from the wrong state notarizes my document?
If the notary is validly commissioned in any state, the notarization is generally valid. However, if the document does not meet the rules of the state where it will be filed, the document itself may be rejected. The problem is usually with the document, not the notary. Have the document reviewed before you submit it to make sure it complies with your state's rules.