California Partition Law Blog
In today’s world, where authenticity and legality are very important, notarizing documents is a crucial step in many legal transactions. Whether you’re finalizing a real estate deal, creating a will, or signing a power of attorney, having your documents notarized adds an extra layer of assurance that they are legitimate and binding. If you’re in California and need to notarize a document, this step-by-step guide will walk you through the process.
Step 1: Understand the Role of a Notary Public
A notary public is an official authorized by the state government to witness the signing of important documents and administer oaths. Their primary role is to prevent fraud by verifying the identities of the signers, ensuring they are signing voluntarily, and witnessing the signing process.
Step 2: Locate a Notary Public
Before you can begin the notarization process, you need to find a notary public. In California, notaries can be found in various locations, including banks, law offices, shipping centers, and government buildings. Additionally, many notaries offer mobile services and can travel to your location for a fee.
In virtually all certificates that the notary public is called on to complete, there will be a venue heading such as “State of California, County of [County Name].” The county named in the heading on the notarial certificate is where the signer personally appeared before the notary public (Government Code section 8200).
As of now, the principal signer must personally appear before the notary at the time of notarization. This means that both the notary and the signer must be physically present, face to face in the same room, when the notarization takes place. Notarization may never be performed over the telephone.
On September 30, 2023, however, Governor Gavin Newsom signed Senate Bill 696, The Online Notarization Act, which permits California notaries to perform remote notarizations using audio-video communication and online notarization platforms to provide notarial services. The new law is set to commence on January 1, 2030, but it will not take effect until the Secretary of State certifies that the technology project (NAP 2.0) necessary to implement the new Online Notarization Act is complete.
Step 3: Gather Your Documents
Once you’ve located a notary public, gather all the documents that need to be notarized. Make sure to leave any areas that require signatures or initials blank until you’re in the presence of the notary.
Step 4: Bring Proper Identification
In the process of completing a certificate of acknowledgment or a jurat, a notary public in California is obligated to verify the identity of the document signer, as outlined in Civil Code sections 1185(a), 1189, and Government Code section 8202. This verification relies on the presentation of satisfactory evidence of the signer’s identity, as stipulated in Civil Code section 1185(a). Acceptable forms of identification typically include a state-issued driver’s license, passport, or other government-issued ID with a photograph.
These guidelines ensure that notaries uphold the integrity of the notarization process by thoroughly verifying the identity of signers through credible means.
Step 5: Sign the Document in the Presence of the Notary
When you meet with the notary public, they will ask you to sign the document in their presence. Do not sign the document beforehand, as the notary needs to witness the signing process. If there are multiple signers, each person will need to sign individually in the presence of the notary.
The form most frequently completed by the notary public is the certificate of acknowledgment. The certificate of acknowledgment must be in the form set forth in Civil Code section 1189. In the certificate of acknowledgment, the notary public certifies that the signer personally appeared before the notary public on the date indicated in the county indicated, the identity of the signer, and that the signer acknowledged executing the document.
However, if you already signed the documents, this will not be an issue because the notary may also provide you with a jurat certificate instead of an acknowledgment certificate. A jurat certificate is used when the signer must swear or affirm the truthfulness of the signature on the document in the presence of the notary. So, if you’ve already signed the document, the notary can administer the oath or affirmation required for a jurat, and then complete the notarization process accordingly. In the jurat, the notary public certifies that the signer personally appeared before the notary public on the date indicated and, in the county indicated, that the signer signed the document in the presence of the notary public, that the notary public administered the oath or affirmation, and to the identity of the signer.
Step 6: Verify Your Identity
Once you’ve signed the document, the notary will verify your identity by comparing it to the identification you provided. They may also ask you a few questions to confirm your identity. If presented with a document for notarization, which the notary public knows from their experience to be incomplete or is without a doubt on its face incomplete, the notary public will refuse to notarize the document. (Government Code section 8205)
A notary public also can notarize a document in a foreign language. The notary public should be able to identify the type of document being notarized for entry in the notary public’s journal. When notarizing a signature on a document, a notary public must be able to communicate with the customer to swear to or affirm the contents of the affidavit or to acknowledge the execution of the document. An interpreter should not be used, as vital information could be lost in the translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary public who speaks the customer’s language.
Step 7: The Notary Completes the Notarization
After verifying your identity, the notary will complete the notarization process by signing and affixing their official seal or stamp to the document. This seal indicates that the document has been properly notarized, and that the notary has witnessed the signing.
Step 8: Pay the Notary Fee
Notaries in California are allowed to charge a fee for their services, which can vary depending on the complexity of the notarization and the location of the notary.
The charging of a fee and the amount of the fee charged are at the discretion of the notary public as long as the fee does not exceed the maximum fees. Government Code section 8211 specifies the maximum fees that may be charged for notary public services.
If you are appointed to a military and naval reservation, or if you are a United States military veteran and you are notarizing an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veterans, or if you are notarizing signatures on vote-by-mail ballot identification envelopes or other voting materials, then a notary public should not apply any fees for notarizing your signature. Be sure to ask about the fee beforehand so there are no surprises.
Step 9: Receive Your Notarized Document
Once the notarization is complete and you’ve paid the fee, the notary will return the document to you. Keep the notarized document in a safe place, as it may be required for future legal proceedings.
Conclusion
Now that you have read the step-by-step guide to notarizing documents, you have learned how to notarize your document in California. Remember, notarization adds credibility and validity to your important legal documents, so it’s always worth taking the time to ensure they are properly notarized. If you have any further questions about the notarization process, don’t hesitate to reach out to a qualified notary public or legal professional for guidance. We are here to help.