Notary Public Underwriters Blog

Notarizing for Family Members – Know Your Limitations

Details: Published: December 23, 2024

Many notaries hesitate to notarize a relative’s signature or to provide a relative a non-signature notarial act (for example, administering a verbal oath of office), because they aren’t sure their notary law allows them to do so.

That’s sound thinking on the notary’s part. After all, a notary is supposed to act as an official—but impartial—witness to transactions that require a notarial act. How can you be truly impartial when the person for whom you are notarizing is a family member?

To avoid unintentionally violating a ban against notarizing for a family member, every notary should check their commissioning state’s notary laws, administrative rules and notary handbook to refresh their memory on all the applicable permissions and prohibitions.

Here are some examples from different states:

Alabama: While the law doesn’t explicitly forbid notarizing for relatives, a 1995 Alabama Attorney General’s opinion states it is “best practice” not to do so, to avoid “allegations of self-dealing [conflict of interest].”
Arizona: Notaries cannot notarize when they or their spouse are parties to the transaction or have a direct beneficial interest.
Florida: You can not notarize your own signature or for certain family members, such as a spouse, parent, or child.
Idaho: The law prohibits a notary from performing a notarial act when the notary or the notary’s spouse is a party, or when either has a direct beneficial interest.
Indiana: You cannot notarize for your spouse or if you or your spouse benefit from the notarial act.
Kansas: Notaries cannot notarize when their spouse is involved in the transaction or if they or their spouse have a financial or beneficial interest.
Mississippi: The law prohibits a notary from performing a notarial act when the notary is a party to the notarized record, or the notary is a spouse, child, sibling, parent, grandparent, grandchild, aunt or uncle, niece or nephew, son or daughter-in-law, mother or father-in-law, stepchild or stepparent, or half-sibling of the person whose signature is being notarized or who is taking a verification on oath or affirmation from the notary.
Missouri: You are prohibited from notarizing for a spouse, domestic partner, ancestor, descendant, or sibling, including in-law, step, and half relatives.
Texas: The law does not specifically prohibit notarizing for a spouse or relative. Still, notarizing for a close relative exposes the notary to questions about their impartiality. It would be more sensible to help your relative find another, unrelated notary.

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Notary Public Underwriters Blog

Notarizing for Family Members – Know Your Limitations

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