Also known as:notaries · notarize · notarized · notarizes · notarizing · notarization · notarial · notarius · notary public · notary seal
Written by attorneys · grounded in primary & secondary sources — see below
An official authorized by law to administer oaths, take acknowledgments of signatures, and perform other acts that authenticate documents or verify identities. The notary's role supplies a presumption of genuineness for the attested signature or statement when the document is later offered in court or recorded.
Sources & Authorities
How it applies
Common Examples
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Will Execution Without Witnesses
Nyah Ndlovu prepared a written will leaving her estate to her niece. She signed the document in the presence of a notary public who then took her acknowledgment. The will is offered for probate even though no one else signed as a witness.
Adoption Consent Formalities
Nadia Novak, the birth mother, appeared before a notary two weeks after delivery and signed a written consent to adoption. The decree is later entered. She attempts to revoke the consent on the ground that she signed too soon.
Self-Authenticating Document
Nestor Navarro offers a signed contract into evidence. The contract is accompanied by a certificate stating that he acknowledged his signature before a notary public. The court admits the document without further proof of authenticity.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Parentage Acknowledgment
Noah Nakamura and the birth mother both sign a record stating that he is the child's father. A notarial officer attests their signatures on the same document. The acknowledgment is filed with the state agency.
Notarized Will Alternative
Nolan Nunez signs his will and then appears before a notary who takes his acknowledgment of the signature. No witnesses are present. The will is later offered for probate.
Power of Attorney Execution
Nigel Nelson signs a durable power of attorney naming his daughter as agent. He then acknowledges the signature before a notary public. The document is later used to manage his bank accounts.
Common questions
Frequently Asked
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Does a will that is acknowledged before a notary satisfy the attestation requirement under the Uniform Probate Code?+
Yes. Under UPC § 2-502(a)(3)(B) a testator may acknowledge the will before a notary instead of having two witnesses sign. The notary's certificate supplies the required formality.
Supporting sources
When must an adoption consent be notarized?+
Consent must be given in writing and notarized after the time prescribed by statute. Pre-birth irrevocable consent is generally prohibited.
Supporting sources
How does a notarized acknowledgment affect admissibility of a document under the Federal Rules of Evidence?+
A document accompanied by a lawful notary certificate of acknowledgment is self-authenticating under Rule 902(8) and requires no extrinsic evidence of authenticity.
Supporting sources
What formalities are required for a valid acknowledgment of parentage?+
The acknowledgment must be in a record signed by the birth mother and the acknowledging parent, and the signatures must be attested by a notarial officer or witnessed.
Supporting sources
Does a notary's acknowledgment create a presumption for a power of attorney?+
Yes. A signature on a power of attorney is presumed genuine when the principal acknowledges it before a notary or other authorized officer.
Supporting sources
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
…woman, except as provided in subsections (b) and (c), unless he or she has received a signed statement, which need not be notarized, from the woman upon whom the abortion is to be performed, that she has notified her spouse that she is about to undergo an abortion. The statement shall bear a notice that any false…
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