There are questions that pop up again and again on this page. I listed a sample of frequently asked questions about notarization
1. Question: Can I notarize a will?
It depends. A Notary should only notarize a will if clear instructions and a notarial certificate are provided. If the signer of the will is relying upon the Notary for advice on how to proceed, the Notary should refer the individual to an attorney.
2. Question: Can I notarize a photograph?
No. To simply stamp and sign a photograph is improper. A Notary's signature and seal must appear only on a notarial certificate (such as a acknowledgement or jurat) accompanying a written statement signed by another person. However, a signature on a written statement refering to an accompanying or attached photograph may be notarized.
3. Question: Can I certify a copy of a birth certificate?
No. California Notaries are authorized to certify copies only of power of attorney however a Notary may notarize an affidavit of a person requesting a certified copy of a birth or death certificate.
4. Question: Does a document have to be signed in a Notary's presence?
No and yes. Documents requiring acknowledgments normally do not need to be signed in the Notary's presence. However, the signer must appear before the Notary at the time of notarization to acknowledge that he or she freely signed for the purposes stated in the document. An acknowledgment certificate indicates that the signer personally appeared before the Notary, was identified by the Notary and acknowledged to the Notary that the document was freely signed.
5. Question: Can I notarize with Unacceptable ID Documents?
If a document signer recently had a name change (i.e. marriage) and the document signer is unable to present reliable ID cards, can the notary accept the signers prior “before Marriage” ID cards as acceptable document (ID Cards)? NO
6. Question: Can the signer be identified when the signer is unable to present reliable ID cards?
The signer may be identified on the oath (or affirmation) of one or two credible witness(es)
Qualifications:
» Every credible identifying witnesses must personally know the document signer.
» If there is only one credible identifying witness vouching for the signer's identity....to identify the signer, the notary should personally know the witness and the witness should personally know the signer, except
» If there are two (pair) credible identifying witnesses identified through identification document (ID Cards),
» A credible identifying witness must not have an interest, or be named, in the document.
» A credible identifying witness must know that the signer has no identification and that it would be impractical to obtain the necessary ID (Civil Code, Section 1185).
7. Question: What are acceptable Identification Documents (ID Cards)?
Acceptable Identification (ID Cards)
A Notary may identify a signer through;
» California driver’s license or non driver’s ID issued by the DMV
» U.S. Passport
» Foreign passport stamped by the U.S. Citizenship & Immigration Services (USCIS)
» Driver’s license or non driver’s ID issued by another U.S. state.
» Driver’s license issued in Mexico or Canada
» U.S. military ID that contain all required elements. The Common Access Card (CAC) California Notaries may not accept as identification for notarizations.
» Inmate ID issued by the CDC (but only to identify prisoners in custody). ID card issued by the U.S. Citizenship and Immigration Services but only for notarization of USCIS forms.
Notaries found here are not attorneys and can not give legal, immigration or mortgage advice.