The awkward situations, answered ahead of time

I confirm you are who you say you are, that nobody is forcing you to sign, and that you understand you are signing. Then I fill out a short certificate, sign it, and apply my seal. That seal tells a bank, court, or county clerk that a neutral third party verified the signing.

Look it up: Tex. Gov’t Code §406.016 · Tex. Gov’t Code §406.013

Not those questions, no. The Texas Secretary of State is explicit that a non-attorney notary who is handed a document without a certificate and decides which one to attach is practising law, and Government Code §406.017 makes it an offence for a notary to hold themselves out as an attorney. What I can do is read the certificate that is already printed on your document with you. For what the document means or which form you need, that is an attorney’s call, and often a short phone call settles it.

Look it up: Tex. Gov’t Code §406.017 · Texas Secretary of State, Notary Public Educational Information

No. I look at the signature page and the notary certificate. What the rest of it says is your business and I do not discuss it with anyone.

No Texas statute governs this point. It is how I choose to work.

Look at the block near the signature line with blank spaces for a notary. If it reads close to “acknowledged before me,” that is an acknowledgment. If it reads close to “subscribed and sworn to before me,” that is a jurat. Text me a photo and I will tell you which one it is.

Look it up: Tex. Civ. Prac. & Rem. Code §121.007 · Tex. Civ. Prac. & Rem. Code §121.008

Then we have a problem I am not allowed to solve for you, because choosing which certificate to attach would be legal advice. Go back to whoever gave you the form and ask what they need. Send me a photo before we book and I will spot this in a minute rather than at your kitchen table.

Look it up: Tex. Gov’t Code §406.017 · Texas Secretary of State, Notary Public Educational Information

No. Texas Government Code §406.014 requires me to keep a record book noting the date of the instrument, the date of the notarisation, your name and residence, how you were identified, and a brief description of the document. Your signature is not required in it and I do not take one. Texas Administrative Code 1 TAC §87.40 actually prohibits me from writing your driver licence or passport number into that book, so those numbers never get recorded anywhere. Since Senate Bill 693 I am required to retain the record book for ten years, and entries in it are public information.

Look it up: Tex. Gov’t Code §406.014 · 1 Tex. Admin. Code §87.40 (quoted at SOS educational information)

A current, government issued photo ID that also shows your signature. Texas driver license, Texas ID card, US passport or passport card, military ID, permanent resident card, or a driver license from another US state.

Look it up: Tex. Civ. Prac. & Rem. Code §121.005

Yes, and I am sorry. Texas requires the ID to be current, and there is no grace period I can extend. Expired by one day is expired. If a renewal is in progress and you have a paper interim license, check whether it has a photo on it; most do not, and without a photo it will not work.

Look it up: Tex. Civ. Prac. & Rem. Code §121.005

Texas allows identification through a credible witness: someone who personally knows you, has their own valid ID, and has no financial or legal stake in your document. That person comes to the appointment and swears to your identity. Tell me before we book so I can set it up correctly, because there are rules about who qualifies.

Look it up: Tex. Civ. Prac. & Rem. Code §121.005

Often workable, and worth a text before I drive out rather than a surprise on the day. The general approach is that the ID can carry more than the document but not less: if your ID reads John Robert Smith and the document reads John Smith, that is usually fine, whereas a document naming someone your ID does not identify is a problem, since §121.005 requires me to be satisfied you are the person described in the instrument. Middle initials, maiden names, hyphenated names, and suffixes are all worth mentioning in advance. Where it is close, the party receiving your document often has a view, and it is cheaper to ask them first.

Look it up: Tex. Civ. Prac. & Rem. Code §121.005

No. I have to examine the physical document.

Look it up: Tex. Civ. Prac. & Rem. Code §121.005

This is workable. Texas Government Code §312.011 defines a signature to include the mark of a person unable to write, so a mark, usually an X, is a legal signature. The statute does not prescribe a procedure, and published guidance differs on the details: the State Bar of Texas Paralegal Division suggests at least one and preferably two witnesses, while other Texas sources call for two disinterested witnesses. Because the guidance is not uniform I default to the more conservative version, two witnesses who watch the mark being made, both signing near it, with one printing the signer’s name beside the mark. Tell me in advance so the witnesses are arranged.

Look it up: Tex. Gov’t Code §312.011 · Procedure not prescribed by statute; guidance from the State Bar of Texas Paralegal Division differs on the number of witnesses.

Texas Government Code §406.0165 provides for exactly this. Where a physical impairment prevents someone signing or making a mark, that person may direct me to sign their name, and I may do so in the presence of a witness who holds no legal or equitable interest in any property that is the subject of, or affected by, the document. I must identify that witness to the same standard as a signer under §121.005, and I write beneath the signature: “Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code.” The signer has to be able to direct me themselves. Note that the statute is written for physical impairment; it is not a route around a signer who cannot understand the document. Please call before booking one of these.

Look it up: Tex. Gov’t Code §406.0165 · Tex. Civ. Prac. & Rem. Code §121.005

That is fine, but the document should be read aloud to the signer before we begin so they know what they are signing. A family member or the signer’s attorney can do that. I can confirm the signer understands, but I cannot interpret the contents for them.

No Texas statute governs this point. It is how I choose to work.

I notarise in English only. There is no Texas statute banning interpreters outright, but established guidance, including from the State Bar of Texas Paralegal Division, is that working through one is not appropriate, because a notary cannot verify a translation they do not understand and therefore cannot honestly confirm that the signer knew what they were signing. Rather than paper over that, I will point you to a bilingual notary. Tell me up front and it costs you nothing but a text.

No Texas statute governs this point. It is how I choose to work.

I do these regularly and they usually go fine. The requirement is that the signer is awake, can communicate with me, and understands what they are signing. Medication alone is not a disqualifier; being sedated, confused, or unresponsive is. I cannot notarize for someone in that state even when the whole family agrees it is what they would want. Call me first and I will tell you what to check before I drive out.

Look it up: Tex. Gov’t Code §406.0091 · No Texas statute defines how a notary assesses awareness; the rest is my own judgement.

There is no age rule in Texas, but the signer needs their own qualifying photo ID with a signature on it, which most minors do not have. Text me the situation and we will work out whether it is possible.

Look it up: Tex. Civ. Prac. & Rem. Code §121.005 · Texas sets no minimum age for a signer. The identification requirement is the practical obstacle.

Not necessarily. For an acknowledgment, a prior signature is usually acceptable because you are confirming the signature is yours. For a jurat, you are required to sign in front of me, so the page has to be reprinted or the signature struck through and redone. If the form came from a court or agency, they may reject a struck through signature outright. This is why I ask everyone to bring documents unsigned.

Look it up: Tex. Civ. Prac. & Rem. Code §121.004 · Tex. Gov’t Code §406.0091

They need to be filled in before I notarize, and you have to be the one to fill them. A notarized document with blanks in it can be altered afterward, which is exactly what the seal is supposed to prevent.

No Texas statute governs this point. It is how I choose to work.

No, and no Texas notary can. Under Government Code §406.016 a notary may certify copies only of documents that are not recordable in the public records. Birth certificates, death certificates, and marriage licences are recordable, so certified copies must come from the issuing agency, usually the county clerk or the Bureau of Vital Statistics. Certifying one anyway is on the Secretary of State’s list of prohibited acts. Copy certification of other documents is not a service I currently offer.

Look it up: Tex. Gov’t Code §406.016 · Texas Secretary of State, Notary Public Educational Information

By prior arrangement only, and I will want to talk it through first. A Texas will is made valid by witnesses rather than by a notary: Estates Code §251.051 calls for at least two credible witnesses, each 14 or older, subscribing in the testator’s presence. A notary comes in for the optional self-proving affidavit under §251.104, which lets the will be admitted to probate without tracking the witnesses down years later, and the statutory wording has to be followed closely. Under §254.002 a witness who inherits under the will can have their gift cut back, so disinterested witnesses are the safer choice. None of that is advice about your will, which I am not permitted to give. It is why I want the arrangements settled before the appointment rather than improvised on a doorstep, and why an attorney is worth the call for anything complicated.

Look it up: Tex. Estates Code §251.051 · Tex. Estates Code §251.104 · Tex. Estates Code §254.002

That can be notarized. Bring the power of attorney document with you, and know how the signature block is supposed to read, since it usually needs your name and your capacity as agent. I cannot tell you how to word it, so confirm that with whoever is receiving the document beforehand.

Look it up: Tex. Estates Code ch. 751 · No notary statute governs how an agent signs; the instrument itself controls.

No, not on the same document. If your document requires witnesses, you need to bring them, and they should have their own ID.

Look it up: No Texas statute prohibits it. This is my own policy. · Tex. Estates Code §254.002 limits what an interested witness to a will may inherit.

Yes. Every person whose signature is being notarized has to be physically present with their own valid ID. I cannot notarize a signature for someone who is not in the room, no matter how well you know them or how urgent it is.

Look it up: Tex. Gov’t Code §406.0091 · Tex. Gov’t Code §406.009

Yes, both, and they are not the same thing. Every Texas notary is required to carry a $10,000 surety bond under Government Code §406.010; that one protects you, not me, and you can claim against it if a mistake of mine costs you money. On top of that I carry an errors and omissions policy, which Texas does not require and plenty of notaries skip. It exists so that if something goes wrong, an insurer covers it rather than the outcome depending on what I personally happen to be able to pay. Ask any mobile notary you are considering which of the two they actually have. A surprising number say bonded and mean only the first.

Look it up: Tex. Gov’t Code §406.010 · Errors and omissions cover is voluntary in Texas; no statute requires it.

Ask, and check. My commission runs through March 2030, and my name, notary ID, and commission dates appear on the seal I place on your document. The Texas Secretary of State keeps a public notary search where you can verify any Texas notary before you let them near your paperwork. I would rather you did that than took my word for it.

Look it up: Tex. Gov’t Code §406.013 · Texas Secretary of State, notary records

Text. I am often with a client or driving between appointments, so calls sometimes reach voicemail while a text gets read at the next stop. Send one at any hour and I will answer as soon as I can. If you would rather talk it through, say so and I will call you.

No Texas statute governs this point. It is how I choose to work.

Sometimes possible, and a rush surcharge applies to anything inside four hours’ notice. Text me and I will tell you honestly whether I can make it rather than string you along.

No Texas statute governs this point. It is how I choose to work.

Evenings and weekends are my standard availability, and that is deliberate. You should not have to take time off work to get a signature witnessed. Daytime appointments are possible and carry a surcharge, since they mean rearranging commitments already on the calendar. Text me a window that works for you and I will fit it if I can. Please do not call after 9:00 PM, but a text at any hour is fine.

No Texas statute governs this point. It is how I choose to work.

Up to 25 miles from my base in the northeast, which covers San Antonio and most of the surrounding metro. Just outside that? Text me anyway. Depending on the day I can often still make it work.

Look it up: Tex. Gov’t Code §406.003 · A Texas notary has statewide jurisdiction. My 25-mile limit is a business decision, not a legal one.

Yes. 15% off the whole appointment for active duty military, veterans and retirees, military spouses and Gold Star families, police, fire, EMS and dispatch, nurses and hospital staff, teachers and school staff, and anyone 65 or older. It applies to the entire total, travel included, not just one line of it. Mention it when you text and show me a badge, service ID, or a license with your birth date when I arrive. One discount per appointment.

Look it up: Tex. Gov’t Code §406.024 · The listed amounts are maximums, so charging less is permitted.

Two separate things, and I keep them separate. The notarial fee is $10 for an acknowledgment or an oath, plus $1 for each additional signature on the same instrument; those are the maximums Texas Government Code §406.024 permits and I do not exceed them. Travel is a $30 trip fee covering the first 10 miles and $1.50 per mile after that, which is not a notarial fee and is not regulated by the state, so it only applies because we agree it in advance. The trip fee is due at booking to reserve your window, notarial fees on arrival, and you get a signed itemised receipt showing both separately. Card, cash, Zelle, Cash App, PayPal, and Venmo all work.

Look it up: Tex. Gov’t Code §406.024 · Tex. Gov’t Code §603.007 · Tex. Gov’t Code §603.008

Only where the location itself charges for it, and only at what it actually cost. Downtown garages, medical centre decks and a few secured facilities all charge to park, and there is no way for me to absorb that on a $30 trip fee. It is passed straight through with the receipt in your hand, never marked up and never rounded. Most appointments involve no parking cost at all, and where I expect one I will tell you when I quote you rather than produce it at the door.

No Texas statute governs this point. It is how I choose to work.

Cancel or move it at least four hours ahead and the trip fee is refunded in full, or applied to the new appointment, whichever you prefer. Inside four hours I keep it, because that window is time I held for you.

No Texas statute governs this point. It is how I choose to work.

The trip fee still applies, because the drive already happened. The notarial fee does not, since I only charge for acts I actually perform. Confirming your ID and documents by text beforehand prevents this in almost every case, which is why I always ask.

Look it up: Tex. Gov’t Code §603.007 · Travel charges are not governed by statute; they rest on our agreement.