Can a Notary Notarize a Document That Was Signed Before the Signer Appears?

 

One of the most common questions notaries ask is: Can I notarize a document that was already signed before the signer came to me? Well, the answer depends on the type of notarial act being requested — specifically, whether it is an acknowledgment, jurat, or witnessing/attesting a signature.

 

This guide will help you understand which acts require you to witness a signature and which do not.

 

What Is an Acknowledgment in Notarization?

 

An acknowledgment is a notarial act where the signer appears before the notary and acknowledges that they voluntarily signed the document.

 

Do You Have to Witness the Signature for an Acknowledgment?

 

No. The signer is not required to sign the document in front of you. They can sign it before appearing, whether it was five minutes ago or five days ago.


As long as the signer personally appears before you and confirms they signed the document willingly, you may proceed.

 

Acknowledgment Certificate Wording

 

Look for the phrase:

          “Acknowledged before me”

 

This wording confirms you are performing an acknowledgment, not a jurat.

 

What Is a Jurat and When Is It Required?

 

A jurat is a notarial act commonly used for affidavits or sworn statements. It requires two things:

 

  1. The signer must sign the document in your presence, and...
  2. You must administer an oath or affirmation to the signer.

 

Can a Notary Perform a Jurat on a Previously Signed Document?

 

No. If the document was already signed before the signer appears before you, they must sign it again in your presence.


Both witnessing the signature and administering the oath or affirmation are mandatory.

 

Jurat Certificate Wording

 

Look for this phrase in the notarial certificate:

          “Subscribed and sworn to (or affirmed) before me”

 

This indicates that you are required to witness the signature and perform an oath or affirmation.

 

What Does It Mean to Witness or Attest a Signature as a Notary?

 

Some states allow notaries to witness or attest a signature — a notarial act that is different from both acknowledgments and jurats.

 

Do You Have to Witness the Signature?

 

Yes. The signer must sign the document in your presence. However, unlike a jurat, you are not required to administer an oath or affirmation.

 

Key Differences from Jurats and Acknowledgments

 

  • Acknowledgment: Signing may occur before appearing.
  • Jurat: Requires witnessing the signature and administering an oath.
  • Witnessing or Attesting: Requires witnessing the signature but no oath is involved.

 

Notarial Certificate for Witnessing or Attesting a Signature

 

Look for the phrase:

          “Signed (or attested) before me”

 

⚠️ Note: Not all states permit this type of notarial act. It is very important that you check the Washington State notary laws routinely to ensure this is allowed.

 

Checklist: What Notaries Should Confirm Before Notarizing

 

Before completing any notarial act, ask yourself the following:

 

1. What Type of Notarization Is Being Requested?

  • Read the notarial certificate to determine if it’s an acknowledgment, jurat, or witnessing.

 

2. Does the Signer Need to Sign in My Presence?

  • Required for: Jurats and Witnessing/Attesting a Signature
  • Not required for: Acknowledgments

 

3. Has the Signer Personally Appeared and Been Properly Identified?

  • Always verify identity according to Washington State laws.
  • Ensure the signer understands the document and is signing willingly.

 

Final Thoughts: Know Your Notarial Acts to Avoid Mistakes

 

Understanding the difference between acknowledgments, jurats, and signature witnessing is essential for every notary. Knowing when a signature must be witnessed — and when it doesn’t — helps you:

 

  • Stay compliant with your state’s notary laws
  • Avoid improper notarizations
  • Serve the public with professionalism and accuracy

 

Always check your state’s specific notarial statutes before proceeding with any notarization. When in doubt, consult your Secretary of State’s office or your state’s notary handbook.

 

Legal Disclaimer: The Spokane Notary Group endeavors to furnish accurate and current information within our blog postings. However, it is imperative to recognize that the content provided in our blogs are intended for general informational purposes only and should not be construed as legal advice. We do not hold ourselves out as attorneys, and we make no warranties regarding the accuracy, completeness, or reliability of the information presented. It is strongly advised that you seek the counsel of a licensed attorney for any legal matters. Under no circumstances shall the Spokane Notary Group, its employees, or contractors be held liable to you for any claims, penalties, losses, damages, or expenses arising in connection with the use of the information contained in our blogs. This includes, but is not limited to, direct or indirect losses, as well as consequential losses. It is your responsibility to familiarize yourself with the applicable notary laws governing your state. Notaries are encouraged to consult with their state's notary authorities or legal professionals if they have inquiries of a legal nature. In the event that any portion of this disclaimer is deemed unlawful or unenforceable by a court or other competent authority, the remaining sections of this disclaimer shall remain in full force and effect.