Common Documents Notaries Encounter: Complete Glossary

Common types you'll see:

• Affidavit of Identity: Confirms person's identity (used in real estate, immigration)
• Affidavit of Residency: Proves where someone lives (school enrollment, DMV)
• Affidavit of Support: Immigration documents promising financial support
• Affidavit of Heirship: Establishes who inherits property when there's no will
• Small Estate Affidavit: Simplifies probate for smaller estates

Notary note: Affidavits require a jurat (sworn statement), not just an acknowledgment.

Includes:

• Living Will: Specifies end-of-life care preferences (life support, resuscitation)
• Healthcare Power of Attorney: Designates someone to make medical decisions
• HIPAA Release: Allows healthcare providers to share information
• Do Not Resuscitate (DNR): Medical order, sometimes requires notarization

Important: Signer must have mental capacity. If you doubt capacity, decline to notarize.

Types:

• General POA: Broad powers over finances, property, business
• Limited/Special POA: Specific tasks (sell a car, sign at closing)
• Durable POA: Remains valid if principal becomes incapacitated
• Springing POA: Only becomes effective upon specific event (incapacity)
• Healthcare POA: Medical decisions only (see Advance Directives)

Red flags: POAs are commonly used in elder fraud. Verify signer understands and is not being coerced.

Common documents:

• Last Will and Testament: Specifies asset distribution, guardians for minors
• Living Trust (Revocable Trust): Assets placed in trust, avoids probate
• Trust Amendment: Changes to existing trust
• Certification of Trust: Proves trust exists without revealing details

State rules vary: Some states don't require notarization of wills. Check your state laws.

Key points:

• Guarantees property is free from liens (unless disclosed)
• Grantor (seller) signs; Grantee (buyer) receives
• Must be notarized to be recorded
• Common in CA, OR, and other western states

Related: Warranty Deeds (stronger guarantees, used in other states)

Common contracts you'll notarize:

• Lease Agreements: Rental contracts for property
• Purchase Agreements: Real estate, vehicles, business sales
• Business Partnership Agreements: Formation documents
• Employment Contracts: High-level executive agreements
• Non-Disclosure Agreements (NDAs): Sometimes notarized for extra protection
• Construction Contracts: Contractor agreements

What to include:

• Child's full name and birth date
• Parent(s) giving consent
• Adult(s) traveling with child
• Travel dates and destinations
• Parent signature(s) - both parents if possible

Pro tip: This is high-demand in summer and around holidays. Market to families, schools, and travel agencies.

Common uses:

• Transferring property between family members
• Adding/removing spouse from title (divorce, marriage)
• Clearing title issues
• Transferring to trust

Difference from Grant Deed: Grant Deed guarantees clear title; Quit Claim makes no promises.

Common documents:

• Marital Settlement Agreement: Division of assets, custody, support
• Parenting Plan: Custody and visitation arrangements
• Financial Affidavits: Income and asset declarations
• Consent to Divorce: Uncontested divorce agreement

Sensitivity required: Divorces are emotional. Be professional and neutral.

Common financial docs:

• Loan Applications: Personal, business, mortgage modifications
• Promissory Notes: IOU for loans between individuals
• Financial Statements: Sworn statements of assets/liabilities
• IRS Forms: Some tax documents (Form 2848, Form 8821)
• Safe Deposit Box Access: Authorization forms

Common DMV documents:

• Bill of Sale: Vehicle purchase documentation
• Title Transfer: Changing vehicle ownership
• Odometer Disclosure: Mileage statement (required under 10 years old)
• Power of Attorney for Vehicle: Authorize someone to handle DMV transactions
• Lien Release: Confirming loan paid off
• Affidavit of Loss: Lost title or registration

State variations: Some states require notarization of vehicle titles, others don't.

Key documents in closing package:

• Promissory Note: Borrower's promise to repay loan (MOST IMPORTANT - requires notarization)
• Deed of Trust / Mortgage: Secures property as collateral
• Closing Disclosure (CD): Final loan terms (replaces HUD-1)
• Notice of Right to Cancel: 3-day rescission period for refinances
• Disbursement Authorization: Permission to release funds
• Occupancy Affidavit: Confirms primary residence
• Title Documents: Grant Deed, Deed of Trust
• Compliance Documents: TRID, RESPA, TILA disclosures

Critical: Loan signings require specialized training. Do NOT attempt without certification.