Can a family member be your notary?
Asked by: Craig Dicki PhD | Last update: July 21, 2025Score: 4.6/5 (44 votes)
“In California, a notary public is not prohibited from notarizing for relatives or others, unless doing so would provide a direct financial or beneficial interest to the notary public. With California's community property law, care should be exercised if notarizing for a spouse or a domestic partner.”
Can a family member notarize for you?
In California, notaries are NOT prohibited from notarizing documents for their family members, including spouses, parents, siblings, children, or other close relatives.
What is the most common mistake made by a notary?
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
What is the new law for notaries in California?
A new law taking effect January 1, 2025, allows a “disinterested custodian” of an electronic record to certify a tangible copy of the electronic record before a Notary. The FAQ below explains how this new law affects California Notaries and what to do if asked to perform this type of notarization.
Can family be a witness for a notary?
Unless it is stated clearly in your state's notary laws, close family members should not serve as witnesses to any legal document, even if they are not named in the document. Your spouse, in-laws, or close relatives are likely to have at least some interest, direct or indirect, in any document you sign.
How To Notarize For Family Members
Can witnesses be family members?
Can a family member (relative) witness a signature? Although there's no specific law that states that a relative can't be a witness, it isn't always the best idea because, ideally, a witness should be a neutral third party. Furthermore, as previously stated, witnesses can't be a beneficiary or party to the document.
Do both parents need to be present to get a letter notarized?
Everyone that will be signing the document (s) needs to be present in front of the notary in order to have the document (s) notarized. The job of the notary public is to verify that the people signing the document (s) are who they say they are.
What disqualifies you from being a notary in California?
Failure to disclose any arrest or conviction. Conviction of a felony where not more than 10 years have passed since the completion of probation. Conviction of a disqualifying misdemeanor where not more than 5 years have passed since the completion of probation.
How much can notaries charge in California?
California permits notaries to charge up to $15 for each notarized signature. This cap applies to standard acts, such as acknowledging signatures on documents like affidavits and deeds. Certifying copies costs around $15 per copy, ensuring price transparency.
Can I make a good living as a notary in California?
This is actually a living wage career, but doesn't require a degree or extensive training. Around two hundred thousand people are making a good living as a notary public in California. You could be one of them if you wanted to be, and we can help you!
What are the downsides of being a notary?
- Steady income can be difficult.
- You could be sued for a lot of money.
- Upstart and upkeep costs can add up.
What makes a notary invalid?
Missing or Incorrect Notary Seal
States like California and Texas have specific requirements for the placement and design of the seal. Without a proper seal, legal and financial institutions may reject the document.
Does a notary have to read the document they are notarizing?
No, it is not illegal; however, the Notary should not read the documents they notarize because it is unnecessary and could possibly be a violation of the signer's privacy. You may scan over the document to obtain the information you need for your journal entry of the notarization. Confronted with a tricky notarization?
Can I notarize for family in California?
Yes. A California Notary may perform a notarization for a family member as long as the Notary is not taking the Notary's acknowledgment or affidavit and does not have a direct financial or beneficial interest in from the transaction (Gov't Code 8224 and 8224.1).
Can a family member notarize a wedding certificate?
You are not prohibited from notarizing the signature of your niece on her marriage documents.
Can a spouse witness a signature?
Legislation does not prohibit a signatory's spouse, co-habitee or civil partner from acting as a witness and it is also generally acceptable for an employee of a party to witness that party's signature.
What can notaries not charge for?
Some states prohibit their notaries from charging or collecting a fee for notarizing a signature on any absentee ballot or absentee voter registration.
Is it worth being a notary in California?
Becoming a notary public in California offers numerous advantages. Firstly, it expands career opportunities as many industries require notarized documents. It boosts professional profiles and employability. Secondly, it provides an opportunity for additional income through charging fees for services.
Is the CA notary exam hard?
The state licensing requirements are simply a way to ensure that a potential notary public has the skills to perform the job correctly. The examination process is not difficult for those who prepare. Failing to plan is planning to fail. Take the necessary time to study and use the tips above to help you pass the exam.
Is there a demand for notaries in California?
Demand: The need for notaries is on the rise due to economic growth and increased legal services. This trend creates ample job opportunities. Earning Potential: With California being the highest-paying state for notaries, the average salary stands at $59,055 per year.
Why would a notary be denied?
These may include: The signer is not physically present (unless the Notary is performing a remote online notarization) The signer cannot be properly identified. The signer does not speak the same language as the Notary.
Do both parties have to be at the notary?
Both parties should ideally sign in front of the notary, but separate notarizations can be done.
Does a child travel letter have to be notarized?
Here's what you need to know about these forms. According to the USA.gov website, if a child is traveling abroad with one parent, the other parent must supply a notarized letter granting permission.
Do both people have to be present to notarize a title?
Both the seller and the buyer don't have to be present in person during notarization. With remote notarization, a notary agent can take care of the signing through a video conference solution. Some states require only the seller needs to be present during the signing.