How to Handle Out-of-State Documents as a Notary Public

Notaries frequently encounter documents originating from other states. While notarizing an out-of-state document is generally allowed, the notary must follow their own state’s notarial laws while ensuring the document remains legally valid in the state where it will be used.

This guide will help you navigate out-of-state documents, verify notarial wording, and determine when to use a loose certificate to maintain compliance.

Can a Notary Public Notarize an Out-of-State Document?

Yes! A notary public can notarize a document from another state if the notarization occurs within the notary’s commissioned state. However, the notary must adhere to the state’s laws and procedures.

Key Rules to Remember:

• The notarization must occur within the state where the notary is commissioned.
• The notary follows their own state’s notarial laws, even if the document is from another state.
• The document’s destination state may have additional requirements for validity.

Understanding these rules ensures the notarization is legally recognized in both states.

Checking Notarial Wording on Out-of-State Documents

Many out-of-state documents include preprinted notarial certificates that may not comply with your state’s laws. As a notary, it’s your responsibility to ensure the wording is valid in your jurisdiction.

Scenario	What to Do
The notarial wording matches your state’s requirements.	Proceed with the notarization.
The notarial wording is different but does not violate your state’s rules.	Proceed, but double-check that all required elements are included.
The notarial wording does not comply with your state’s laws.	Attach a loose certificate with the correct wording.

If a document’s notarial wording does not meet your state’s requirements, you must either modify the wording (if permitted) or attach a compliant loose certificate.

When to Use a Loose Certificate

A loose certificate is a separate notarial certificate that is attached to a document when the original notarial wording is incorrect or missing required elements.

When to Attach a Loose Certificate:

• The preprinted notarial wording does not comply with your state’s requirements.
• The document does not contain any notarial wording.
• The document contains a notarial act that your state does not authorize.

When using a loose certificate, it’s crucial to securely attach it to the document and note in your notary journal that a separate certificate was used.

What If the Signer Requests Specific Wording?

Signers may request that you use the document’s original notarial wording, even if it doesn’t fully comply with your state’s laws.

Steps to Take:

1. Check your state’s notary laws – If your state allows flexibility in wording, you may proceed.
2. Offer a compliant alternative – If the wording is invalid, explain that you must use a loose certificate.
3. Let the signer choose the notarial act – If the document doesn’t specify an acknowledgment or jurat, the signer must decide (not the notary).

If the signer refuses the use of a loose certificate, do not proceed with the notarization. Notaries cannot alter legal wording at a signer’s request if it contradicts state law.

How to Ensure an Out-of-State Notarization is Accepted

Even if you follow your state’s laws, the receiving state may have additional requirements.

Best Practices for Out-of-State Notarizations:

• Confirm the notarial act type – Ensure it is valid in your state and appropriate for the document.
• Verify signer identification – Follow your state’s ID verification laws.
• Attach a loose certificate if necessary – Use a compliant acknowledgment or jurat if the original wording is invalid.
• Advise signers to confirm with the receiving agency – The document recipient should verify if they require additional notarization steps.

Handling Out-of-State Documents Correctly Avoids Legal Issues

Notarizing out-of-state documents is common, but notaries must always follow their own state’s laws. Notaries can ensure a smooth and legally valid notarization by verifying notarial wording, using loose certificates when needed, and advising signers on document acceptance.

For more resources on state-specific notary laws, visit the Notary Public Association for guidance and updates.