Out Of State Notarization Facts

The digital age has revolutionized many traditional processes, including notarization. Thanks to Remote Online Notarization (RON), notaries can now meet with clients across the country, allowing for more flexibility and accessibility. However, when it comes to notarizing documents that will be used in other states, there are some additional steps and considerations to keep in mind. This article will explain the basics of out-of-state notarization and provide guidance on what you need to know.

What Qualifies as a Notarial Act?

A notarial act is an official, legally binding action performed by a notary. In order to be valid, a notarial act must be conducted by a notary who has jurisdiction in the state where the document is being signed or witnessed. Notarial acts can include:

• Witnessing signatures on documents like contracts, deeds, powers of attorney, and wills
• Administering oaths or affirmations
• Certifying copies of original documents
• Acknowledging deeds or other instruments
• Verifying vehicle identification numbers (VINs)

For an out-of-state notarization to be valid, the notary must be authorized in the state where the document is being signed, and the document must comply with both the notary's state and the state where the document will be used.

What Does an Out of State Notarization Entail?

Out of state notarizations typically involve several extra steps compared to a standard notarization. Here’s a breakdown of the process:

1. Appearance of the Signer(s): The signer(s) must appear before a notary in the state where the document will be used, or through remote online notary services (if allowed).
2. Proof of Identification: The notary will require valid identification from all parties involved, typically a government-issued photo ID such as a driver’s license or passport.
3. Notarization of the Document: After confirming identity, the notary will witness the signing of the document and affix their official seal or stamp.
4. Authentication for Use in Other States: Once notarized, the document may require additional authentication, such as an apostille or a Certificate of Authentication from the Secretary of State to be recognized by other states or countries.

Why You May Need an Out of State Notary

There are several reasons why you might need an out of state notary:

• Cross-State Use: If you are signing a document that will be used in another state, you may need a notary in that state to authenticate your signature.
• International Use: If the document is intended for use abroad, it may require an apostille or other form of international certification.
• Long-Distance Transactions: In cases where one party is located in a different state, the document may need to be notarized by a notary in the other state.

Enlisting the help of an experienced notary familiar with out-of-state notarization requirements ensures that your documents are properly executed and legally valid in the relevant jurisdiction.

Special Considerations for Out of State Notarizations

When notarizing a document in another state, there are some important considerations to be aware of:

1. State-Specific Requirements: Some states have additional requirements for out-of-state documents. For example, you may need to obtain an apostille or a Certificate of Authentication if your document will be used in another state or internationally.
2. Jurisdictional Restrictions: Even if you’re using Remote Online Notarization (RON), the notary must be authorized to notarize in the state where the document is being signed.
3. Loan Signings and Complex Transactions: Certain documents, such as loan packages, may have more stringent requirements, especially for out-of-state transactions. These documents may require specialized handling by notaries who are familiar with interstate notarizations.

Before proceeding with an out-of-state notarization, it's essential to research the legal requirements in both the state where the document is being signed and the state where it will be used.

Most Common Documents That Need Notarization

Out-of-state notarizations are typically needed for important legal or financial documents. Some of the most common documents requiring notarization include:

• Real estate contracts and deeds
• Refinancing agreements
• Powers of attorney
• Wills and trusts
• Adoption or guardianship papers
• Affidavits
• Prenuptial agreements
• Corporate documents (e.g., business formation, partnership agreements)
• Medical documents
• Subpoenas

In addition to these, some states may also require notarization for vehicle titles or loan packages. It’s important to know what documentation is required in your specific case and whether it needs to be notarized in another state.

Which States Allow Out of State Notarial Acts?

As the practice of out-of-state notarization evolves, several states have specific provisions that allow for notarial acts to be performed across state lines. Below is a list of states that permit out-of-state notarial acts:

• Alaska
• Arizona
• Arkansas
• Colorado
• Florida
• Hawaii
• Illinois
• Indiana
• Michigan
• Minnesota
• New York
• Ohio
• Pennsylvania
• Texas
• Virginia
• Washington
• Wisconsin
• Wyoming

State laws can vary widely, and some states may have more restrictive rules regarding out-of-state notarizations. It is always a good practice to consult with the Secretary of State or the local Notary Division before starting the process.

Is Online Notarization Allowed in Every State?

Although Remote Online Notarization (RON) is becoming more common, it is not yet allowed in every state. Currently, online notarization is permitted in the following states:

• 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
• District of Columbia

If online notarization is available, it can be a convenient option for handling out-of-state notarizations without the need for travel. However, not all documents are eligible for online notarization, so it's important to check whether your specific document qualifies.

How to Notarize Documents from Out of State?

To notarize documents from another state, you need to follow these steps:

1. Find a Qualified Notary: Ensure that the notary you choose is authorized to perform notarial acts in the state where the document is being notarized.
2. Prepare Your Documentation: Have the original document ready, signed by the relevant parties. Be sure to provide valid identification and any additional required documents (such as proof of identity or supporting paperwork).
3. Notarization: The notary will verify your identity and witness your signature. If necessary, they will affix their notary seal to the document and complete the necessary certifications.
4. Authentication: Depending on the intended use of the document, you may need additional steps, such as obtaining an apostille or Certificate of Authentication.
5. Return the Document: Once notarized, the document will be returned to you either electronically or via mail, depending on the method used.

Does It Change the Notary Process If States Are Bordering Each Other?

In some cases, neighboring states may have agreements that make out-of-state notarization easier. If such an agreement exists, you may only need to find a notary in one of the states. However, additional steps, such as getting an apostille or authentication, may still be required for the document to be valid in the other state.

It’s always best to check with the local Secretary of State or Notary Division for the latest rules regarding out-of-state notarization, especially for states that share borders.

What You Need to Obtain an Out of State Notarization

To obtain an out-of-state notarization, make sure you have the following:

1. Original Document: The document must be signed and dated in front of the notary.
2. Valid Identification: Such as a driver’s license or passport.
3. Additional Documentation: Some documents may require extra paperwork or identification.
4. Authentication (If Needed): If the document will be used outside the state, you may need an apostille or Certificate of Authentication.
5. Online Notarization Platform: If your state allows it, use a certified remote online notary platform to complete the notarization remotely.

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Conclusion

Out-of-state notarizations can add a layer of complexity to the process, but understanding the steps involved can help ensure your documents are legally valid. Whether you're dealing with real estate transactions, legal documents, or international agreements, it's crucial to work with a qualified notary and understand the additional requirements, such as apostilles or certificates of authentication. By staying informed and prepared, you can navigate the world of out-of-state notarizations with confidence.