What You Need to Know About Out Of State Notarization
It’s new territory with RON enabling notaries to meet with clients from across the country. Here’s what you need to know.
What qualifies as a Notarial Act?
Notarial acts are official, legally binding acts performed by a notary. In order to be recognized as a valid notarial act, the notary must have jurisdiction in the state where the document is being signed and witnessed. Examples of notarial acts include witnessing signatures on important documents such as contracts, deeds, affidavits, powers of attorney, and wills; administering oaths or affirmations; certifying copies of original documents; making acknowledgments for deeds or other instruments; and verifying vehicle identification numbers (VIN).
What Does an Out of State Notarization Entail?
Out of state notarizations require a few extra steps when compared to the standard process for getting a document notarized. First, the signer(s) must appear before a notary who is authorized to practice in the state where the document will be used. The out of state notary will require proof of identification from all parties involved, such as a valid picture ID. Once that has been established, the notary will witness and certify the signatures on the document and affix their seal or stamp to it.
Once this process is completed, the notarized document may need additional authentication in order for it to be recognized by other states. This can involve having an apostille added (often necessary when documents are being used internationally). Alternatively, some states may require a Certificate of Authentication issued by the Secretary of State or other state official in
Why You May Need an Out of State Notary
There are many reasons why it may be necessary to get a document notarized in another state. For example, if you have documents that will be used in multiple states, or perhaps even internationally, you’ll need to ensure they’re properly authenticated. Additionally, if you are signing an agreement with someone who lives outside of your state and needs the document notarized before sending it back, out of state notarization may be required. Whatever the situation may be, enlisting the services of an experienced out of state notary can help make sure your important documents are legally binding and accepted by all involved parties.
Are There Any Special Considerations for Out Of State Notarizations?
When getting a document notarized in another state, it’s important to make sure that you are working with a qualified and experienced notary. It’s also essential to be aware of any additional requirements the state may have for out of state documents, such as needing an apostille or Certificate of Authentication added. Additionally, if you plan on using the document outside of your own state, it’s important to research what legal requirements need to be met in order for the document to be recognized by other states or countries. Generally speaking, general notary work is more excepted for out-of-state notarizations as opposed to full loan signing packages.
By doing adequate research and taking all of these special considerations into account when getting an out of state notarization, you can help ensure that your documents will be legally valid and binding.
Most Common Documents That Need Notarization
Notarization is often required for important documents. Some of the most common documents you will see need notarization area as follows:
- Real estate contracts
- Deeds
- Refinancing agreements
- Powers of attorney
- Wills.
- Adoption or guardianship papers
- Affidavits
- Prenuptial agreements
- Corporate documents
- Business Agreements
- Subpoenas
- Medical Documents
-
Business Agreements
In addition to these types of documents, some states may require notarization for vehicle titles, loan packages and other legal records. No matter the circumstance or document type involved in your out of state notarization needs, enlisting the services of a qualified and experienced notary can help ensure that your important documents are legally binding and accepted by all involved parties. By taking the time to research potential laws prior to setting an appointment, you can rest assured that your documents of need through the right notarization type.
Which States Allow Out of State Notarial Acts?
The Following states currently allow for at least some form of Out of State Notarial acts:
- Alaska
- Arizona
- Arkansas
- Colorado
- Florida
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Michigan
- Minnesota
- Montana
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
Be sure to check to what extent these laws apply in each state as laws will vary despite the future of notarization legislation marching onward.
It is best practice to check with your Secretary of State to ensure that your document qualifies.
Is Online Notarization Allowed in Every State?
Not every state allows for online notarization, but many are beginning to do so in order to make the process more convenient and accessible. Currently, online notarizations are allowed in the states of Arkansas, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Indiana, Iowa, Minnesota, Montana, Nebraska New Hampshire,. North Dakota Oklahoma Oregon Rhode Island South Carolina Tennessee Texas Utah Virginia Washington West Virginia Wisconsin Wyoming and the District of Columbia.
43 states total are allowing their notaries to perform their remote online notarization. Check with your local Secretary of State’s office or Notary Division website for more updated information on which states allow online notarizations. While online notarization can be extremely helpful when you need an important document notarized quickly and conveniently from anywhere in the world it is still not legal for every single document. Just a lot of them!
How to Notarize Documents from Out of State?
The process for notarizing documents from another state will depend on the specific requirements of that state. Generally, you’ll need to find a qualified and experienced notary in the other state who is knowledgeable about their laws and regulations as they apply to out of state notarizations. Once you have identified a notary in the other state, you should contact them directly to discuss your needs and any additional steps that must be taken in order for your document to be legally binding. It may also be necessary to provide additional identification information or documentation if required by law. Finally, if all requirements are met, your document can be officially notarized according to the protocols of the other state and returned either electronically or via mail.
Does it change the Notary Process if States Are Bordering Each Other?
There are some states that have entered into an agreement allowing for the notarization of documents from bordering states, so it is possible that you may only need to find a qualified notary in one state rather than both. However, even if two states have such an agreement, additional requirements may still be necessary for out-of-state documents, including apostilles or Certificates of Authentication as mentioned above. As always, it’s best to check with your local Secretary of State’s office or Notary Division website before proceeding with any out-of-state document notarization process to ensure that all requirements are met and that your document will be legally binding. With thorough research and preparation beforehand, you can help ensure your document of need will be recognized.
What You Need to Obtain an Out of State Notarization
When it comes to obtaining an out of state notarization, there are a few primary items that you’ll need to make sure you have in order. First and foremost, you must provide the original copy of your document which must be signed and dated in front of the notary. You will also need to provide valid identification such as a driver’s license or passport in addition to any other required documentation depending on the type of document being notarized. It is also important to keep in mind that if an apostille or Certificate of Authentication is needed for your out-of-state notarization, additional steps may be necessary prior to submitting your documents for notarization.
Finally, if online notarization is allowed in your state, you will need to use a trusted and approved online notary platform and provide any other documents necessary for the process. By having all of these items prepared ahead of time, you can ensure that your out-of-state notarization process goes smoothly. With the right information and preparation, you’ll be able to have your documents notarized quickly and conveniently – no matter where you are. Good luck!
