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q&A page

Here you'll find frequently asked questions regarding our services.

1. What is a notary?

A notary public is a state-appointed official with authority to notarize documents. They do this by formally witnessing and certifying signatures to verify the identities of the parties involved in a contract and ensure the signers understand which document they are signing. They’ll then stamp their notary seal near their notary signature.

Notaries also perform a variety of other tasks, like administering oaths and affirmations and certifying copies of documents.

2. Can a Notary refuse service?

As a state representative, it’s crucial that a notary doesn’t let self-interest interfere with their responsibilities. Notaries need to be impartial, professional, and exercise good judgment.

A notary has the right to refuse services if they:

Suspect fraud
Are unsure of a signer’s identity
Believe that one party has been coerced into signing the document
Suspect either party doesn’t understand the agreement

What’s the purpose of a notary public?

Some financial institutions require notarized legal documents in order to deter fraud. For example, when creating a Power of Attorney, the notary checks the identity of the people involved and makes sure they each sign the agreement willingly.

Another benefit of using a notary is that in most jurisdictions the signers don’t have to testify in court to verify their signatures, as the notary has confirmed that the signatures belong to the people whose names appear on the document

What are witnesses, and what do they do?

Witnesses aren’t always necessary, but you’ll likely need one if you’re creating a document requiring a notary.

A witness is a neutral third party who watches the parties sign their legal document. They’re brought in to confirm the identities of all the signers and that no forgery occurred. After that, they sign the document too.

Your witness must be at least 18 years old and of sound mind when witnessing a document’s execution. They also can’t be in a position to benefit from the contract or be related to one of the signers. If they are, they’re creating a conflict of interest.

Even if your document doesn’t require a witness, it doesn’t hurt to include one because they can confirm the validity of the signatures if they’re ever disputed.

When do I need notaries and witnesses for my document?

You’ll usually need to have your document notarized and witnessed if it’s related to matters concerning the court system, banks, or other financial institutions.

Some of the most common documents that get notarized include:

Last Will and Testaments
Power of Attorneys
Quitclaim Deeds
Prenuptial Agreements
Affidavits
Mortgage Agreements

These documents require notarization because they’re used to deal with finances, property, estates, and sworn statements, and it’s essential that no fraud occurs.

Some states have specific legal forms (e.g., a Will) that have particular signing requirements regarding the number of witnesses you must have. Whether or not you need one will depend on the document and your jurisdiction.