Can you notarize a document for a family member?

Asked by: Amiya Parker DVM  |  Last update: June 23, 2025
Score: 4.1/5 (6 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 you have something notarized by a family member?

California notaries public may notarize documents for their family members since it's not directly prohibited by law.

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 I notarize for a family member in IL?

On the other hand, some states, such as Illinois and Texas, do not restrict Notaries from notarizing for relatives. Other states, including Alabama, California and Montana, caution Notaries against notarizing documents for relatives even though the law doesn't specifically ban it.

How To Notarize For Family Members

27 related questions found

Can a family member notarize a wedding certificate?

You are not prohibited from notarizing the signature of your niece on her marriage documents.

What makes a notarized document 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.

What documents Cannot be notarized in California?

Documents That Can't be Notarized
  • Documents with blank or missing pages.
  • Documents with faxed signatures (the signer must be present)
  • Documents in which the notary has a financial interest or is not impartial for some other reason.
  • Documents the notary suspects are false, deceptive, or illegal.
  • Post-dated documents.

Who can notarize in California?

California notaries public are authorized under current law to perform notarizations on documents electronically as long as all the requirements for a traditional paper-based notarial act are met, including the use of a seal for all but two specific documents used in real estate transactions.

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 you notarize a signature without the person present?

To notarize a document, the signers must be present at the time of notarization. While you can notarize an acknowledgment document that has been previously signed in some cases, the signer must still be present at the time of notarization to confirm the validity of their signature.

Which of the following offenses cancels a notary application?

The examples include but are not limited to: assault, arson, auto theft, burglary, possession or sale of illegal drugs, embezzlement, forgery, fraud, failure to pay child support or failure to comply with a court order.

Can a notary change their signature?

No. A notary public may not simply “X” out his or her notary signature and seal on a notarial certificate that contains mistakes. Changes to a notarial certificate must be made only at the time of the execution of the notarization when the principal signer is present.

Can I notarize documents for my employer?

While their concerns are valid, the risks are minimal when notarizing documents for your employer if you take the right precautions. You should not notarize signatures on work-related documents if you are named individually or as a company officer, or for which you receive a commission.

Who can notarize divorce papers?

In order to notarize divorce papers, it is necessary that you work with a notary public. It is usually very easy to locate notaries as a majority of real estate departments, banks, law firms and insurance companies employ notaries that are able to notarize divorce papers.

When notarizing a document, the notary public may not be a party to the document or transaction.?

California Notaries may not perform a notarial act if they have a direct financial or beneficial interest in a transaction or are named in a transaction.

Can a family member be your notary?

“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.”

Do both parties need to be present for notary in California?

Step 1: Personal appearance is required

Under California law, every signer must personally appear before you at the time of the notarization. This means that you and the signer must both be physically present, face to face in the same room, when the notarization takes place.

Who am I not allowed to notarize for?

Notary disqualifications

These may include: You are a signer of the document. You are named as a party to the underlying transaction or have a financial or beneficial interest in the transaction. The signer is your spouse, parent or child.

Do I need two forms of ID for a notary?

States like California and Florida may necessitate dual IDs to enhance security and verify the signer's identity conclusively. These states recognize both primary documents, like a driver's license, and secondary forms, such as a credit card or utility bill, to meet their dual ID criteria.

What is the penalty for notary in California?

Civil Penalties: In addition to disciplinary action taken against a Notary's commission, Government Code 8214.15 authorizes the Secretary of State to fine a California Notary up to $750 for negligent misconduct. If the Notary willfully committed misconduct, the maximum fine increases to $1,500 (see “Negligence Vs.

Is a document legal if not notarized?

Just like wills, there is generally no requirement that a contract be notarized in order to be legally binding. However, if a party who signed a business agreement decides to dispute that agreement in court, a notarized contract can help a great deal.

How often do notaries make mistakes?

Notary mistakes and errors increase the number of rejected documents. Most rejected documents contain minor or major notarization mistakes. On average, 30% of notarized documents contain mistakes. But depending on your county and state, this rejection rate can vary.

Can a notary notarize a document with their name on it?

If a notary were to notarize his or her own document, all the required steps to take a signer's acknowledgment would be skipped and it would defeat the purpose of having a notary. More importantly, there would be a direct, real conflict of interest and the entire process could be compromised.

How long is notarized valid?

In summary, notarized documents do not expire and remain valid indefinitely unless there are specific laws or regulations that require them to be updated or renewed. It is important to understand your local laws in order to ensure that all documents remain up-to-date and legally binding.