How to Handle Notarizations for Out-of-State Documents

Notaries often encounter documents that originate from outside their commissioning state. Whether it’s a real estate deed, power of attorney, or corporate resolution prepared in another state, signers may bring these documents to a notary for authentication. Understanding how to properly handle out-of-state documents is critical to ensuring the notarization is valid and compliant.

Key Rule: Notary Authority Is Always State-Bound

A notary public’s authority is limited to the state where they are commissioned. This means:

• You may notarize a document from another state as long as the notarization takes place in your state.

• You cannot travel across state lines and notarize under your current commission (unless you are commissioned in multiple states).

  
  

Steps for Handling Out-of-State Documents

✅ 1. Verify the Signer’s Identity

Regardless of where the document comes from, notaries must check the signer’s government-issued ID in accordance with their state’s laws.

✅ 2. Check the Notarial Wording

Out-of-state documents often come with pre-printed notarial certificates that may not comply with your state’s requirements.

• If the wording is acceptable in your state, you may proceed.

• If it’s not compliant, attach a loose certificate with proper wording from your state.

✅ 3. Confirm the Venue

The notarial certificate must list the state and county where the notarization takes place—not where the document will be used. For example:

State of California

County of Los Angeles

Even if the document is for use in Texas, the venue must reflect the location of the notarization.

✅ 4. Avoid Giving Legal Advice

If the signer asks which notarial certificate to use (acknowledgment vs. jurat), notaries cannot decide for them unless state law explicitly allows. Instead, advise them to consult the requesting party or an attorney.

✅ 5. Document the Act in Your Journal

Always record the notarization in your notary journal, noting the type of document and any adjustments made (such as attaching a loose certificate).

Special Considerations

• Real Estate Transactions: Out-of-state deeds often must be notarized in compliance with the recording jurisdiction’s rules. Always ensure the certificate meets both your state’s requirements and those of the receiving agency.

• International Use: If the document will be sent abroad, the signer may also need an apostille or authentication. Inform them (without advising) that they should check with the receiving country’s requirements.

• Remote Online Notarization (RON): If allowed in your state, out-of-state signers can appear via secure online platforms, as long as the notary is physically located in their commissioning state during the notarization.

  
  

Final Thoughts

Notarizing out-of-state documents is a common and perfectly legal task—as long as the notarization is performed within your state of commission and in compliance with local law. By verifying identity, checking certificate wording, and recording carefully, notaries can handle these situations confidently while protecting both themselves and the signer.