Notary Signing Explained

A notary public, also known as a notary, is a public officer who is authorized by the state of Texas to perform certain legal functions. Notaries ensure the authenticity of legal documents and verify the identities of the parties involved in a transaction.

A few of a notary’s functions and authorized acts include:

• witnessing signatures on documents,
• administering oaths, and
• certifying copies of official documents.

When you sign something in front of a notary, it means you are signing a document in the presence of a legally authorized public officer who acts as a neutral witness. Broadly speaking, you are swearing that what is in the document is true.

The notary's role is to verify your identity, witness your signature, and certify that you signed the document willingly. Notaries must keep an official log of the documents they witness and the identities of the signers.

Generally, the types of documents that require a notary are those that have legal or financial significance. Some common types of documents that require notarization are as follows:

• Legal documents: Like affidavits and power of attorney forms. Authorization agreements for nonparent care of a child must be signed in front of a notary.
• Real estate documents: Deeds, mortgages, and lease agreements.
• Immigration documents: Such as visa applications.
• Financial documents: Such as loan agreements, promissory notes, and bills of sale.

Note: In Texas, wills and trusts are not required to be notarized, although a notary is required if you want to make your will self-proving.

Yes. “Online notarization” means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under Section 406.104. Texas Government Code, Chapter 406, Subchapter C, governs online notarization.

Unsworn declarations can often replace notarization for many legal documents in Texas, but there are situations where notarization is still required.

An unsworn declaration is a written statement signed under penalty of perjury, without the need for a notary. See Texas Civil Practice and Remedies Code 132.001.

When you sign under penalty of perjury, you are swearing that your statement is true, and you can face criminal penalties for lying.

An unsworn declaration can be used instead of a notary in various instances where a document typically necessitates notarization. Specifically, it can serve as a substitute for notarization in the following situations:

1. A written sworn declaration.
2. Verification.
3. Certification.
4. An oath.
5. An affidavit.
6. When otherwise allowed by law.

But notarization is required in the following circumstances:

1. Filing a lien with a county clerk.
2. Filing a document related to real or personal property with a county clerk.
3. Taking an oath of office or an oath administered by a specific official (not a notary public).
4. Swearing under oath to waive service of process in certain case types (mostly family law matters such as divorces, emancipations, name changes, and custody suits) unless you are an inmate.

Signing under penalty of perjury means that if you are found not telling the truth in the form, you could be criminally prosecuted for lying. See Texas Penal Code chapter 37.

No. Signing a custody agreement in front of a notary does not make it binding, though it could serve as evidence of what the signers wanted when they signed it. To create a legally binding custody agreement, you need court approval.

No, signing a contract in front of a notary is not required. A notary’s involvement does not make a contract somehow more binding or more enforceable than it otherwise would be. (To learn what makes a contract legally valid, see the "What makes a contract legally enforceable?" section in Understanding Contracts.)

Typically, notaries charge a fee for their services. But, some banks and credit unions offer free notary services for their clients. Some public libraries offer free notary services, too. If you are represented by a lawyer who works for a legal aid office, ask if the office has a notary, whether on-site or virtual/online, for clients.

The Texas Secretary of State's office's website has a notary search tool you can use to confirm whether a notary is properly licensed in Texas.

Law offices, courthouses, banks, and shipping and mailing stores often employ notaries that you can pay. Also check with places of worship and workplaces.

You might still be able to sign a document in front of a notary even if you do not have an ID card. If the notary already knows you, they may not require ID. Alternatively, someone who knows you can swear to the notary that they know you. That person must provide their name and address to the notary. See Texas Gov't Code 406.014. The witness will also need to sign the notary's log book. If you don’t have an ID, it’s a good idea for the person who is confirming they know you to have one.

You may also be able to sign an unsworn declaration for certain types of documents.