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Frequently Asked Questions
Q: What is the function of a Notary Public?
A: The State of Washington Notary Public Handbook defines a notary as a public officer “who acts as an official, unbiased witness to the identity and signature of the person who comes before the notary for a specific purpose. The person maybe taking an oath, giving oral or written testimony, or signing or acknowledging his or her signature on a legal document. In each case, the notary attests that certain formalities [as required by law] are observed.”
Q: What are the Official Acts of a Washington Notary Public?
A: The code of Washington specifies five basic notarial acts;
1.) Taking Acknowledgments
2.) Administering Oaths
3.) Certifying affidavits
4.) Certifying depositions
5.) Certifying “true copies” of documents*
* Washington notaries are not authorized to certify copies of birth, death, or marriage certificates. Only the Division of Vital Records/Statistics may perform such a certification.
Q. What kind of identification must the signer produce?
A: As per WA law, all signers must personally appear before the notary and present government issued photo identification. The name on the identification must match the name printed on the document. Acceptable identification documents are as follows:
- State issued driver’s license
- State issued identification card
- United States military card (CACI not accepted)
- United States passport
- Certificate of United States citizenship
- Certificate of naturalization
- Alien registration card with photograph
- Unexpired foreign passport
A notary may refuse to notarize a signature if he or she is uncertain of an individual’s identity, or if the notary is uncomfortable with the validity of the identification documents.
Q: What different types of notarizations are there?
A: The two most common types of notarizations are “Acknowledgment” and “Jurat”. The type of notarization needed is usually indicated on the document with a pre-printed notarial certificate. However, if a notarial certificate is not pre- printed, the document signer must choose which to use, as the notary is prohibited from doing so.
Acknowledgment – An Acknowledgment certificate indicates that the signer personally appeared before the notary, was identified by the notary, and acknowledged to the notary that he or she freely signed the document. The signer must familiarize himself with the document and complete all blank fields before meeting with the notary. Wait to sign the document until you are in front of the notary.
Jurat – A Jurat certificate indicates that the signer personally appeared before the notary, was identified by the notary, and signed the document in front of the notary. Additionally, the notary must administer an oath asking the signer to swear or affirm that the content of the document is true to the best of their knowledge. The signer must familiarize himself with the document and complete all blank fields before meeting with the notary.
Q: My elderly Mom needs to have something notarized, is there anything I need to do to ensure the notarization goes smoothly?
A: Generally, notarizing for the elderly is no different than doing so for any other person. However, the elderly signer is subject to the same identification standards as listed above, and must be mentally clear and cognizant of what he or she is signing. A notary must decline to notarize if the identity of the signer cannot be established or if the signer does not seem to understand what he or she is signing.
Q: I need a notarized copy of my birth certificate – can you do that?
A: No. Notaries are prohibited from certifying copies of birth, death or marriage certificates, or any document in the custody of a court. Some states require that a request for a birth, death, or marriage certificate be notarized. A notary may notarize the signature on the request form, but may not notarize a copy of the actual certificate. You can obtain official certified copies of these documents from the state or county where they were filed.
Q: Why are documents notarized?
A: An impartial witness (the notary) ensures that the signers of documents are who they say they are and not impostors. The notary makes sure that signers have entered into agreements knowingly and willingly.
Q: How does a Notary identify a signer?
A: Generally, the Notary will ask to see a current identification document that has a photograph, physical description and a signature, usually a driver's license, US Military ID (issued within the last 5 years) or current passport.
Q: Does notarization mean that a document is "true" or "legal"?
A: No. Notaries are not responsible for the accuracy or legality of documents they notarize. Notaries certify the identity of signers. The signers are responsible for the content of the documents.