What is the new notary law in NYS 2023?
Asked by: Dr. Sterling Turcotte | Last update: December 14, 2025Score: 5/5 (32 votes)
Significant changes to New York's notary law went into effect in January 2023. The amendments to the New York Executive Law allow for electronic notarization, change the requirements for record-keeping and identity verification, and repeal the remote ink notarization provision enacted during the pandemic.
What are the new rules for notaries in NY?
Beginning January 25th, 2023, all notaries, including those notaries that only provide traditional in-person services, are required to keep a journal of all notarial acts performed which includes the type of identification provided, for 10 years.
Do NY notaries need to keep a journal?
New York Requires Notaries to Use a Journal
It is requisite to record the type of identification provided by the client. Most journals have a space for this, but it is wise to check and make sure, when buying a new journal, that it contains a box for this information. Also, you must keep your journal for ten years.
Does a will in New York State need to be notarized?
New York does not require you to notarize wills for them to be legal. But, if you want to make your will “self-proving,” both you and your witnesses can visit a notary. A court can accept a self-proving will without reaching out to the witnesses, speeding up the probate process.
How much can I charge as a notary in NY?
A notary public may charge a fee of $2.00 for administering an oath or affirmation or for taking an acknowledgment or proof of execution. Unless otherwise authorized by law, a notarial fee may not exceed this amount. Who is exempt for taking the notary public examination?
Notary Logbooks Now required In New York State
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.
What can a NYS notary not notarize?
A notary cannot proceed if the document is not “original,” bearing the signer's original, wet-ink signature (not a photocopy or fax of a signed document). A notary cannot proceed if the required notarial act is not indicated by the document, the signer or someone connected to the document.
Can you notarize for family in NY?
Notarizing a document for a family member can present a conflict of interest for a notary public. A conflict of interest arises when a notary public has a personal relationship with the signer or a financial interest in the transaction.
Is a handwritten will valid in New York?
But not all states recognize handwritten wills as valid. New York, for example, does not, except for very limited circumstances. Only certain people are permitted to make holographic wills in New York, and only in certain circumstances.
Can a will be notarized electronically?
Several technology platforms offer digital notarization, accessible from anywhere in the nation. Unfortunately, however, few states will legally recognize a Will that has been notarized electronically.
Can you notarize on Sunday in NY?
A notary public can witness a signature and acknowledge the document on Sundays. Service of a Summons and Complaint in an Action cannot be perfected on a Sunday.
What happens if I don't turn in my notary journal?
Willful failure to deliver the notary journal and other notarial records to the county clerk within the appropriate time is a misdemeanor, and the notary public is personally liable for damages to any person injured by the non-delivery. (California Government Code section 8209(a).)
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?
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 NY notary notarize without a stamp?
The New York Exec §137 does not require a notary to have stamps or seals. To validate notarization, you can either typewrite, print, or stamp below your notary signature — with black ink — the details of your commission.
What is the new affidavit rule in NY?
This amendment, which went into effect on January 1, 2024, allows for an affirmation by any person, wherever made, subscribed, and affirmed by that person to be true under the penalties of perjury, to be used in a civil action in New York in lieu of and with the same force and effect as an affidavit.
Can I write my own will and have it notarized in NY?
No, in New York, you do not need to notarize your will to make it legal. However, New York allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
Can I write a will on a piece of paper?
Therefore, to write a holographic will as a resident of California, consider the following: No witnesses are required. You can write a holographic Will on anything you want, a pad of paper, napkin, envelope, a receipt from Denny's. Almost anything can be used to write down your last Will.
Does a written letter count as a will?
In California probate, there are several requirements for a will to be valid: The author (or testator) must be at least 18 years old. The will must be handwritten. After it is handwritten it is then called a holographic will, dated and signed by the testator.
How much can a notary charge in NY?
A: A notary public may charge a fee of $2.00 for administering an oath or affirmation or for taking an acknowledgment or proof of execution. Unless otherwise authorized by law, a notary fee may not exceed that amount.
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.
Can a notary accept an expired ID in New York?
Expired IDs are accepted for notarization in Texas and Florida, whereas New York and California disallow them.
What is the new law for notaries in NY?
The regulations now require, among other things, that New York notaries make a record of each notarial act they perform and retain that record for 10 years. The regulations implement the 2022 and 2023 §§ 130 and 135-c amendments to the notarial law provisions of New York's Executive Law.
What color ink should a notary use in New York?
No, there is no statute in New York that requires signers to sign in a certain color. Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions.
Can a notary say no?
Always make sure that you have good cause. You cannot turn down a request simply because of a gut feeling, a nagging suspicion or because you simply “don't like the look” of the signer. Some reasons for refusing are clear cut: Say, for example, the signer asks you to notarize his absent wife's signature.