Notarization Is Only For The Living

“Can you notarize for a deceased person? I have his/her death certificate.”

We get this question more than most people would think. We can only notarize for living people physically in our presence. If you have a document that must be signed by someone who has passed, we strongly suggest that you consult an attorney or the court system. You may also contact the person or entity that is requesting the document to be notarized to see how to proceed. In cases of property the tax or title office should be contacted and informed of an owner’s passing to get advice on notarizing quit claim deeds, deeds of trust or other property transfers.

Notaries may only notarize for living persons capable of signing their own name (or making a mark such as an “X” in the presence of two independent witnesses). They must sign free of coercion or duress and must understand the document they are signing.

This should not be construed as legal advice. We are not attorneys and may not give legal advice or accept fees for legal advice.