Last updated: June 26, 2026
Do I Need a Notary? A Complete Guide to Notarization in the US and Canada
Notary rules differ on each side of the border and from one state or province to the next. This guide explains what a notary public does, what notarization costs, when you need one, and how the rules differ across the United States and Canada — so you can walk into your appointment prepared.
What Is a Notary Public?
A notary public is a government-authorized official who serves as an impartial witness when important documents are signed. A notary verifies the identity of each signer, confirms they are signing willingly and understand the document, and then applies an official seal or stamp to deter fraud and make the signature legally reliable. Notaries do not give legal advice or decide whether a document is a good idea — they certify the act of signing.
Notaries in the United States
In the United States, notaries public are commissioned at the state level — usually by the Secretary of State — and there are more than four million of them nationwide. American notaries primarily administer oaths and affirmations, take acknowledgments, execute jurats (signer swears the contents are true), and certify copies where state law allows. They are not lawyers and cannot prepare legal documents. Requirements, fees, and permitted acts are set by each state, which is why notarization looks different in California than it does in Texas or New York.
Notaries in Canada
In Canada, notaries are appointed by provincial governments and their powers vary far more than in the US. In the common-law provinces such as Ontario and Alberta, a notary public witnesses signatures, administers oaths, certifies true copies, and authenticates documents — and many lawyers also hold a notary appointment. In British Columbia, notaries are a distinct regulated profession able to handle certain real estate and estate matters, and in Quebec, notaires are full legal professionals comparable to lawyers.
How Much Does a Notary Cost?
A standard notarization costs between $2 and $75 per signature depending on the country and jurisdiction. US states cap notary fees by law, keeping them low, while Canadian provinces generally leave pricing to the market.
United States notary fees
Most US states set a maximum fee a notary may charge per signature or per notarial act. The table below shows representative caps; always confirm the current figure with your state notary office, because legislatures adjust them.
| State | Maximum fee | Basis |
|---|---|---|
| California | $15 | per signature |
| New York | $2 | per signature |
| Florida | $10 | per signature |
| Texas | $10 / $6 | acknowledgment / jurat |
| Illinois | $5 | per notarial act |
| Most other states | $5–$15 | per signature / act |
Fee caps as of 2026 — verify the current maximum with your state notary office.
Canada notary fees
Canadian notary fees are typically $20 to $75 per signature, and most provinces have no statutory cap, so prices reflect the notary's location and the complexity of the work. Simple tasks like certifying a copy sit at the low end, while document packages requiring multiple seals cost more. Real estate transactions — especially in British Columbia, where notaries handle conveyancing — commonly run $500 to $1,500 once title work, disbursements, and filing are included.
Notary vs Signing Agent (United States)
A notary signing agent is a US notary public with extra training to handle mortgage and loan closings, while an ordinary notary simply witnesses signatures on any document. When you refinance or buy a home, the closing package can run 100-plus pages with dozens of spots requiring signatures, initials, and notarization. A signing agent is the mobile professional who brings that package to you, walks you through where to sign, notarizes the required pages, and returns the documents to the title or escrow company.
Because the role touches sensitive financial documents, lenders and title companies usually require signing agents to carry errors-and- omissions insurance, pass a background screening, and hold a certification such as the one offered by the National Notary Association (NNA). Every signing agent is a commissioned notary, but most everyday notaries are not signing agents. Canada does not use the signing-agent model — real estate closings there are handled by lawyers or, in British Columbia, by notaries.
Notary vs Commissioner of Oaths (Canada)
A commissioner of oaths can administer oaths, take affidavits, and witness statutory declarations — but their powers are narrower than a notary's. Commissioners cannot certify true copies, cannot authenticate documents for international use, and cannot provide the broader range of services notaries offer. If you only need someone to witness your oath on an affidavit for use within your own province, a commissioner of oaths is sufficient and usually less expensive. For certified copies, documents headed abroad, or anything requiring a notarial seal, you need a notary public. Many government offices, law firms, and accountants employ commissioners of oaths, so they are often easy to find at no or low cost.
Remote Online Notarization (RON)
Remote online notarization lets you complete a notarization over a secure, recorded video call instead of meeting in person. The notary verifies your identity using knowledge-based authentication and credential analysis, you sign electronically, and the notary applies a digital seal. RON is convenient for people who are travelling, homebound, or signing across provinces or state lines — but it is only valid where both the notary's jurisdiction and the document type permit it.
RON in the United States
More than 40 US states have enacted permanent laws authorizing some form of remote online notarization. Availability and the technology standards still vary, so confirm the rules in the state where your notary is commissioned.
| Category | What it means |
|---|---|
| Permanent RON laws | 40+ states, including Texas, Florida, Virginia, Ohio, and Arizona, allow commissioned RON notaries. |
| Restricted or limited | Some states permit RON only for specific document types or require the signer or notary to be physically present in the state. |
| Not yet authorized | A small number of states, including California, have not enacted general-purpose RON and rely on in-person notarization. |
RON availability as of 2026 — verify with your state notary office before relying on a remote notarization.
RON in Canada
Most Canadian provinces have permitted remote or virtual notarization since emergency measures were introduced in 2020, and several have since made it permanent. British Columbia, Ontario, and others allow notaries and lawyers to witness signatures over video under defined safeguards, though some land-title and estate documents still require wet-ink signatures. Because the rules differ province to province and by document type, confirm with the notary that remote notarization will be accepted by whoever is receiving your document.
Getting an Apostille
An apostille is a standardized certificate that authenticates a public document so it is recognized in another country that belongs to the Hague Apostille Convention. You typically need one when a birth certificate, marriage certificate, diploma, court record, or notarized power of attorney must be used abroad. An apostille does not replace notarization — often a document is notarized first, then apostilled by the competent authority.
Apostilles in the United States
In the US, the issuing authority depends on who created the document. Federal documents — such as FBI background checks or records issued by a federal agency — are apostilled by the US Department of State in Washington, D.C. State-issued documents, including notarized documents and vital records, are apostilled by the Secretary of State (or equivalent competent authority) of the state where the document originated. Sending a document to the wrong office is the most common cause of delay.
Apostilles in Canada
Canada acceded to the Hague Apostille Convention on January 11, 2024, replacing the older authentication-and-legalization process for participating countries. Global Affairs Canada issues apostilles for federal documents and for documents from provinces and territories that have not designated their own authority, while several provinces — including Ontario, Alberta, British Columbia, Saskatchewan, and Quebec — issue apostilles for their own documents. Check whether your document is federal or provincial to route it to the correct competent authority.
Common Documents That Need Notarization
The documents people most often need notarized fall into six categories across both countries:
Real Estate
Property transfers, mortgages and refinances, deeds, title documents, and lease agreements.
Wills & Estate
Wills, powers of attorney, personal directives, living wills, and estate affidavits.
Affidavits
Sworn statements, statutory declarations, and affidavits filed with courts or agencies.
International
Apostille and embassy legalization packages, travel consent, and document authentication.
Business
Corporate resolutions, partnership and shareholder agreements, and certified copies.
Personal
Consent forms, travel letters for minors, name-change papers, and identity declarations.
State & Provincial Differences
Notary authority is set locally, so what a notary can do — and what it costs — depends entirely on where you are. The differences are sharpest between the US state system and Canada's provincial models.
United States: commissions vary by state
Every US state runs its own notary commission with its own fee caps, ID requirements, journal rules, and permitted acts. Three models often coexist: traditional in-person notaries who witness signatures and administer oaths; remote online notaries authorized under a state's RON law; and notary signing agents who specialize in loan closings. A notary commissioned in one state generally cannot notarize in another, though a document notarized correctly in one state is recognized in the others.
Canada: powers vary by province
Quebec
Quebec notaires are legal professionals on par with lawyers. They draft wills, marriage contracts, and real estate deeds, and provide legal advice. Becoming a notaire requires a law degree and specialized notarial training.
British Columbia
BC notaries are a distinct regulated profession with broader powers than most provinces — preparing real estate transfers, wills, powers of attorney, and representation agreements, and handling residential conveyancing.
Common-law provinces
In Ontario, Alberta, and most other provinces, notaries public witness signatures, administer oaths, certify true copies, and authenticate documents, but cannot draft legal documents or give legal advice. Many lawyers in these provinces are also notaries.
What to Bring to Your Notary Appointment
Bring valid photo ID and your unsigned document — in most cases you must sign in front of the notary. Use this checklist:
- ✓Valid government-issued photo ID. In the US: driver's license, US passport, or state ID card. In Canada: driver's licence, Canadian passport, or provincial ID card.
- ✓The document(s) to be notarized, left unsigned until you are in front of the notary.
- ✓Any supporting documents relevant to the transaction.
- ✓For real estate: the purchase agreement, mortgage or loan details, and title information.
- ✓Names and addresses of any other parties involved, plus any witnesses the document requires.
Mobile Notary Services
A mobile notary travels to you — at home, the office, a hospital, or a care facility — when you cannot travel to a notary's office because of health, mobility, or scheduling constraints. Mobile service is common across both the United States and Canada and is especially useful for loan closings, hospital signings, and elderly or homebound signers. Expect a travel fee of roughly $25 to $150 on top of the standard notarization fee, depending on distance and timing; in the US the per-signature charge still cannot exceed the state cap, while the travel fee is negotiated separately. When booking, give your full address, the document type, and any access instructions so the notary arrives prepared with the right tools.
Frequently Asked Questions
Do I need a notary or a lawyer?
In most cases you only need a notary to witness a signature, administer an oath, or certify a copy — a lawyer is not required for routine notarization. You need a lawyer when a document requires legal advice or drafting, such as a complex contract or estate plan. In Quebec, notaires are themselves legal professionals who can do both, and in British Columbia notaries can prepare certain real estate and estate documents.
How much does a notary cost?
In the United States, per-signature fees are capped by state and typically run $2 to $15 — for example $15 in California, $10 in Florida, $5 in Illinois, and $2 in New York. In Canada there is usually no statutory fee cap, and notaries commonly charge $20 to $75 per signature, with real estate transactions costing $500 to $1,500. Mobile service adds a travel fee, usually $25 to $150.
What is the difference between a notary and a signing agent?
A notary public witnesses signatures and administers oaths on any document. A notary signing agent is a US notary with additional training — often NNA certification and a background check — who specializes in guiding borrowers through mortgage and loan-closing packages. Every signing agent is a notary, but not every notary is a signing agent. Canada does not use the signing-agent model.
What is the difference between a notary and a commissioner of oaths in Canada?
A commissioner of oaths can administer oaths, take affidavits, and witness statutory declarations, but cannot certify true copies or authenticate documents for international use. A notary public has broader powers, including certifying copies and notarizing documents bound for use in other countries. If you only need an affidavit witnessed, a commissioner is sufficient and usually cheaper.
Can I get a document notarized online?
Yes — remote online notarization (RON) lets you meet a notary over secure video to notarize documents electronically. More than 40 US states authorize some form of RON, and most Canadian provinces have permitted remote or virtual notarization since 2020. Always confirm that both the notary's jurisdiction and the document type allow RON before you book.
What do I need to bring to a notary appointment?
Bring valid government-issued photo identification and the unsigned document, because you generally must sign in front of the notary. In the US, acceptable ID includes a driver's license, US passport, or state ID card; in Canada, a driver's licence, Canadian passport, or provincial ID card. Bring any supporting paperwork and the names of other parties to the transaction.
What is an apostille and do I need one?
An apostille is a certificate that authenticates a public document for use in another country that belongs to the Hague Apostille Convention. You need one when a US or Canadian document — such as a birth certificate, diploma, or power of attorney — must be recognized abroad. In the US, federal documents are apostilled by the US Department of State and state documents by the relevant Secretary of State; in Canada, Global Affairs Canada and the provinces issue apostilles following Canada's accession on January 11, 2024.
Can a notary refuse to notarize my document?
Yes. A notary must decline if the signer cannot be properly identified, appears to be signing under duress or without understanding, or if the notary suspects fraud or an incomplete document. Notaries are impartial witnesses, not advocates, so they cannot give legal advice or choose which document type you should use.
Does a notarized document expire?
The notarization itself does not expire — the notary's seal permanently records that the signing was witnessed on a specific date. However, the underlying document may have its own validity period, and some receiving institutions ask for a notarization completed within the last 30, 60, or 90 days. Confirm any recency requirement with the party requesting the document.
Is a notary the same in every US state and Canadian province?
No. US notary commissions are issued state by state, and powers, fees, ID rules, and RON availability vary widely. In Canada, powers range from full legal authority for Quebec notaires, to broad document-preparation powers in British Columbia, to signature-witnessing and copy-certifying in the common-law provinces. Always follow the rules of the jurisdiction where the document will be used.
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