Question 1

What is a Notary Public in California?

Accepted Answer

A California Notary Public is a public officer appointed by the Secretary of State whose primary duty is to prevent fraud in document execution. They act as impartial witnesses to the signing of important documents and verify the identity of the signers.

Question 2

How much does a California Notary charge per signature?

Accepted Answer

In California, the maximum fee a notary can charge for most notarial acts, such as an acknowledgment or jurat, is $15 per signature. Loan document signings often involve a separate, negotiable service fee for travel and time.

Question 3

Can a California Notary refuse to notarize a document?

Accepted Answer

Yes, a California Notary can refuse to notarize a document if the signer's identity cannot be satisfactorily established, if the signer does not appear willing or aware, or if the document appears fraudulent or incomplete in a way that prevents proper notarization.

Question 4

What identification is acceptable for notarization in California?

Accepted Answer

Acceptable identification in California typically includes a current state-issued driver's license or ID card, a U.S. passport, or a foreign passport stamped by the U.S. Citizenship and Immigration Services. IDs must be current or issued within the last 5 years.

Question 5

Do I need an appointment to see a California Notary?

Accepted Answer

While many notaries, especially those in banks or UPS stores, accept walk-ins, it's generally advisable to make an appointment, particularly for mobile notaries or if you have multiple documents or complex needs. This ensures availability and can save you time.

Question 6

Can a California Notary notarize a document in another state?

Accepted Answer

No, a California Notary Public's commission is only valid within the geographical boundaries of the State of California. They cannot perform notarial acts outside of California.

Question 7

What is the difference between an acknowledgment and a jurat in California?

Accepted Answer

An acknowledgment verifies the signer's identity and that they willingly signed the document. A jurat requires the signer to take an oath or affirmation that the contents of the document are true, and the notary witnesses the signature.

Question 8

What documents require notarization in California?

Accepted Answer

Common documents requiring notarization in California include real estate deeds, power of attorney forms, affidavits, wills (though often not required, it adds weight), and certain business agreements.

Question 9

Can a California Notary provide legal advice?

Accepted Answer

No, a California Notary Public is strictly prohibited from providing legal advice or drafting legal documents. Their role is limited to verifying identities and witnessing signatures.

Question 10

What if my document is in a foreign language?

Accepted Answer

A California Notary cannot notarize a document if they cannot read it, as they must understand the document's general nature to ensure the signer is aware of what they are signing. However, they can notarize if the notarial certificate is in English, even if the document itself is foreign.

Question 11

Is Remote Online Notarization (RON) legal in California?

Accepted Answer

As of 2024, California has approved RON legislation, but it is not yet fully implemented. While some specific RON acts may be accepted if performed by an out-of-state notary compliant with their state's laws, in-state RON by CA notaries is not yet operational.

Question 12

How do I find a mobile notary in California?

Accepted Answer

You can find a mobile notary in California through online directories, professional notary associations, or by asking for recommendations. Many mobile notaries offer services for after-hours or urgent notarizations.

Question 13

What if I don't have acceptable ID for notarization?

Accepted Answer

If you lack standard identification, a California Notary may be able to accept two credible identifying witnesses who personally know you and have acceptable ID themselves. These witnesses must not have a financial interest in the document.

Question 14

Can a California Notary perform a "copy certification"?

Accepted Answer

In California, notaries can only certify copies of a power of attorney or entries from their own notary journal. They cannot certify copies of other documents like birth certificates or diplomas.

Question 15

What are the specific requirements for notarizing a California Power of Attorney?

Accepted Answer

A California Power of Attorney typically requires the principal's signature to be acknowledged by a notary public. Some specific types may require two witnesses in addition to the notary.

Question 16

Do real estate deeds always need notarization in California?

Accepted Answer

Yes, for a deed to be recorded with the county recorder in California, the grantor's signature must be notarized, typically via an acknowledgment. This is a critical step for property transfers.

Question 17

Can a California Notary help with immigration documents?

Accepted Answer

A California Notary can notarize signatures on immigration forms like affidavits of support, but they cannot provide any legal advice regarding immigration matters. They must clearly state they are not an attorney.

Question 18

What about notarizing wills and trusts in California?

Accepted Answer

While wills generally don't *require* notarization in California to be valid (they need two witnesses), notarizing accompanying affidavits can streamline probate. Trusts often require notarized signatures for the grantor.

Question 19

Can a California Notary handle loan signing documents?

Accepted Answer

Yes, many California Notaries are also certified Loan Signing Agents (LSAs) who specialize in notarizing the extensive documents involved in mortgage and refinancing transactions.

Question 20

What is a California "Signature by Mark" notarization?

Accepted Answer

If a signer is unable to write their name, they can make a mark (e.g., an "X") as their signature. This must be witnessed by two persons who write their own names next to the mark, and the notary then notarizes the mark.

Question 21

Are certified copies of vital records (birth/death certificates) available from a California Notary?

Accepted Answer

No, California Notaries cannot certify copies of vital records. Certified copies must be obtained directly from the issuing government agency, such as the County Recorder or Department of Public Health.

Question 22

What are typical travel fees for a mobile notary in California?

Accepted Answer

While the notarial act itself has a statutory maximum fee, mobile notaries in California can charge a separate, reasonable fee for travel, time, and mileage. This fee is negotiable and should be agreed upon beforehand.

Question 23

Can I get a document notarized after business hours in California?

Accepted Answer

Yes, many mobile notaries in California offer after-hours or weekend services to accommodate clients' schedules, which is particularly useful for urgent or time-sensitive documents.

Question 24

What is an Apostille and how does it relate to California notarization?

Accepted Answer

An Apostille is a certification issued by the California Secretary of State that authenticates the signature of a California Notary Public on a document for use in foreign countries that are part of the Hague Apostille Convention. The document must first be notarized.

Question 25

Can a California Notary perform a "signature witnessing"?

Accepted Answer

While a notary witnesses a signature for an acknowledgment or jurat, California notaries cannot perform a stand-alone "signature witnessing" where they solely attest to a signature without an accompanying notarial certificate.

Question 26

How do I verify a California Notary's commission?

Accepted Answer

You can verify a California Notary Public's commission status and expiration date by contacting the California Secretary of State's Notary Public Section or checking their online database.

Question 27

Are there any discounts for notarization in California?

Accepted Answer

Notary fees are set by law for the notarial act itself, so discounts on the per-signature fee are not permitted. However, mobile notaries may offer package deals for multiple documents or adjust travel fees.

Question 28

Can a California Notary come to a hospital or nursing home?

Accepted Answer

Yes, mobile notaries frequently provide services to individuals in hospitals, nursing homes, or assisted living facilities, understanding the critical need for notarization in these situations.

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