When Do You Need a Notary?

One of the most common questions I get is "Do I really need a notary for this?" It's a fair question - notarization requirements can seem confusing, and you don't want to waste time or money on something that isn't necessary.

I'm Christian Nichols, a licensed Pennsylvania notary serving Western PA. In this guide, I'll walk you through when you need a notary, how to tell if your document requires notarization, and what happens if you skip this step when it's required.

How to Know If You Need a Notary

There are a few clear indicators that a document needs notarization:

Look for Notarial Wording

The clearest sign is if your document has notarial certificate wording already printed on it. Look for phrases like:

• "State of Pennsylvania, County of _____"
• "Subscribed and sworn to before me..."
• "Acknowledged before me..."
• "Personally appeared before me..."
• Spaces for a notary seal and signature

If you see this language on your document, it needs to be notarized. Don't try to complete these sections yourself - only a commissioned notary can fill in and sign this part.

Check the Instructions

If someone gave you the document - a bank, attorney, government agency, title company - check any instructions they provided. They'll usually specify if notarization is required.

Required by Law or Regulation

Certain documents are required by law to be notarized in Pennsylvania. These include:

• Powers of attorney (both financial and healthcare)
• Real estate deeds and mortgage documents
• Vehicle title transfers
• Living wills and advance healthcare directives
• Certain affidavits and sworn statements

Common Situations That Require a Notary

Let me walk you through the most common situations where you'll need notarization:

Real Estate Transactions

Almost everything related to buying, selling, or refinancing property requires notarization:

• Mortgage documents - When you buy a home, you'll sign a stack of documents that need notarization
• Refinance paperwork - Refinancing requires notarization just like the original mortgage
• Home equity loans and HELOCs - Any loan secured by your home needs notarization
• Deeds - Transferring property ownership requires a notarized deed
• Reverse mortgages - Extensive notarization requirements

For real estate deals, you'll typically work with a title company or attorney who will arrange for a notary (often a certified signing agent like myself) to meet with you.

Powers of Attorney

Pennsylvania law requires all powers of attorney to be notarized. This includes:

• Financial power of attorney - Authorizes someone to handle your finances
• Healthcare power of attorney - Designates someone to make medical decisions for you
• Limited power of attorney - Grants authority for specific tasks only
• Durable power of attorney - Remains in effect if you become incapacitated

POA documents are serious legal instruments, and notarization helps prevent forgery and abuse. Banks, healthcare providers, and courts won't accept unnotarized POAs.

Estate Planning Documents

Many estate planning documents require notarization:

• Living wills - Must be notarized in Pennsylvania
• Advance healthcare directives - Requires notarization or two witnesses
• Trust amendments - Changes to trusts typically need notarization
• Transfer on death deeds - Must be notarized to be valid

Vehicle Transactions

When you buy or sell a vehicle in Pennsylvania, you'll need notarization for:

• Title transfers - Both buyer and seller signatures often need notarization
• Bills of sale - While not always required, notarization adds protection
• Odometer disclosure statements - May require notarization
• Boat and RV titles - Same requirements as vehicle titles

Affidavits and Sworn Statements

An affidavit is a written statement made under oath. These always require notarization:

• Affidavit of identity
• Affidavit of residence
• Affidavit of heirship
• Affidavit of survivorship
• Name change affidavits
• Support affidavits for court proceedings

For affidavits, I'll perform a jurat - you'll sign in my presence and swear or affirm that the statements are true.

Business Documents

Many business transactions benefit from or require notarization:

• Corporate resolutions and bylaws
• Business contracts and agreements
• Commercial leases
• Partnership agreements
• Articles of incorporation (for filing)

Other Common Documents

You may also need notarization for:

• Passport applications (DS-11) - For first-time applicants or children
• Permission letters - For minors traveling or medical consent
• Name change documents - Court orders and supporting affidavits
• I-9 employment verification - For remote workers
• Certified copies - Notaries can certify copies of certain documents
• Immigration documents - Various immigration forms require notarization

What Happens If You Don't Get Documents Notarized

If a document requires notarization and you skip this step, here's what can happen:

• Document rejected - Courts, recorders, banks, and agencies will refuse to accept it
• Transaction delayed - You'll have to go back, get it notarized, and resubmit
• Document invalid - In some cases, the document may be completely void
• Legal complications - Unnotarized documents can be challenged in court
• Financial losses - Delays in real estate or business deals can cost money

It's always better to get something notarized if you're uncertain - notarization adds legal protection even when not strictly required.

Documents That DON'T Need Notarization

Not everything needs a notary. You generally don't need notarization for:

• Wills (Pennsylvania wills do NOT require notarization)
• Birth certificates, marriage certificates, death certificates (notaries can't notarize these vital records)
• Most leases and rental agreements (though some landlords may require it)
• Standard employment contracts
• Most personal letters or statements not submitted to authorities
• Tax returns
• Insurance claims (typically)

That said, notarization can add authenticity and protection to any document, even if not required.

When to Call Me If You're Uncertain

If you're not sure whether your document needs notarization, give me a call or send me a text with a photo of the document. I can usually tell you immediately whether notarization is needed.

Common situations where people aren't sure:

• The document has spaces for a notary but doesn't explicitly say it's required
• Instructions are unclear or contradictory
• You're dealing with out-of-state or international requirements
• The issuing agency hasn't specified whether notarization is needed

I'd rather answer a quick question and save you a trip than have you show up unprepared or miss notarization when it's required.

Special Situations in Pennsylvania

Two Witnesses Instead of Notarization

Some Pennsylvania documents allow you to choose between notarization or having two witnesses. For example, advance healthcare directives can be notarized OR witnessed by two people. Notarization is often simpler and provides stronger legal protection.

Apostille and Authentication

If you're using Pennsylvania documents internationally, you may need notarization plus an apostille (for countries in the Hague Convention) or authentication (for non-Hague countries). I can notarize the document, and then you'll need to submit it to the PA Department of State for the apostille or authentication.