How to Handle Notarizations for Out-of-State Documents

As a notary public, you may frequently encounter documents that originate from other states. Whether it’s a real estate deed, power of attorney, or business agreement, signers often bring these documents to be notarized locally. The good news? You can notarize out-of-state documents — as long as you follow your state’s laws and handle the notarization properly. Here’s how to do it correctly and confidently.

1. Understand Your Jurisdiction

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

• You can notarize a document from any state, as long as the notarization physically takes place within your commissioning state.

• You cannot cross state lines to perform a notarization unless you hold commissions in both states.

For example, if you’re a California notary, you can notarize a Texas document as long as the signer appears before you in California.

2. Check the Notarial Certificate

Out-of-state documents often come with pre-printed notarial wording that doesn’t comply with your state’s requirements.

• If the wording is acceptable under your state’s law, you may use it.

• If not, attach a loose certificate (acknowledgment or jurat) using your state’s approved wording.

👉 Tip: The notary certificate must always follow your state’s requirements, not the state the document came from.

3. Correctly Fill in the Venue

The venue on every notarial certificate must reflect where the notarization actually took place.

Example:

State of CaliforniaCounty of Los Angeles

Even if the document will be used in another state, the location must match where the signer appeared before you.

4. Verify the Signer’s Identity

Always verify the signer’s identity according to your state’s laws. Out-of-state documents do not change your ID requirements. The signer must appear in person (unless you’re performing a state-authorized remote online notarization).

5. Avoid Giving Legal Advice

If the signer is unsure whether they need an acknowledgment or jurat, you cannot make that decision for them unless your state law permits it. Instead, direct them to ask the document’s originator, attorney, or receiving agency.

6. Keep Accurate Journal Entries

Make a detailed journal entry for every out-of-state notarization. Include:

• The title of the document.

• The state the document originated from.

• Any attached loose certificates.

• The type of notarial act performed.

Thorough records help protect you if the notarization is ever questioned.

7. Special Cases

• Real Estate Transactions: Property deeds from another state may require specific notarization language. Confirm with the receiving title company or attorney before proceeding.

• International Use: If the document will be sent abroad, the signer may also need an apostille or authentication certificate after notarization.

• Remote Notarization: Some states allow Remote Online Notarization (RON). You must still be physically located in your commissioning state during the online session.

Final Thoughts

Handling out-of-state documents is a normal part of notarial work. As long as the notarization occurs within your state of commission, follows your state’s notarial laws, and includes a proper venue and certificate, it will be valid. The key is to stay compliant, avoid giving legal advice, and document everything carefully.

Your professionalism ensures that the document—no matter where it’s from—will hold up in any state it’s needed.