In most cases, I won’t notarize a document for someone who is not my client or for a document I have not prepared.įor steps to obtain a notary public commission, here’s a brief checklist:įor more information about this, see the Secretary of State’s website at this link. For certain notarizations such as documents transferring title to real estate, notaries will also fingerprint the parties involved in the transaction.Īs an estate planning attorney, I notarize the documents I have prepared for my clients since I am also a notary. Some typical documents a notary public will notarize include real property deeds, living trusts, healthcare directives, Powers of Attorney for property management, property titles, grants and estate plans. A California notary public must act in an impartial, unbiased and disinterested manner since the position is a privilege that results from being given a public office. A notary cannot provide legal advice a notary is not an attorney (though some attorneys – like me – are notaries).Ī notary public’s power and authority comes from the State of California and is appointed and commissioned by California’s Secretary of State. The California Secretary of State publishes online the Notary Public Handbook which contains California laws relating to notaries public and is designed to assist an applicant in preparing for the notary public examination.Īs an impartial witness to the execution of legal documents, all California notary publics are prohibited by law from giving or providing any information that can be construed as practicing law. The would-be notary must also go through an FBI and California Department of Justice background check. The Step-by-Step Guide on How to Notarize a Document in California. The signer(s) cannot produce ID or is not known personally by the Notary (California Notaries are required to obtain ID in all cases) The Notary believes. To become an officer of the state, a notary public must complete and pass a curriculum as well as a state standardized test. The Secretary of State grants four-year notary public commissions to qualified persons, approves notary public education courses, authorizes notary seal. A notary is simply an impartial witness to the taking of acknowledgements and/or affidavits, the signing of documents and administering oaths. Among a California notary public’s various roles, one is to serve as an officer that authenticates the signing of important legal documents.
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