What Is a Washington Notary Acknowledgment?
A Washington notary acknowledgment lets a notary public confirm the legitimacy of the signing party’s signature. It helps prevent forgery on legal documents like deeds, mortgages, and affidavits. When it’s properly executed, it authenticates the signer’s identity and verifies their voluntary signing.
A Washington notary acknowledgment can be for a pre-signed document or one that will be signed in front of the notary public. However, the signer must still appear before the notary to perform the notarial act. To verify the signature, the notary public must know the signer or have satisfactory evidence of their identity.
Is a Washington state acknowledgment the same as a notary jurat?
A Washington state notary acknowledgment form is not the same as a jurat. A jurat requires the signer to:
- Sign the document in front of a notary public
- Swear to the truthfulness of the legal document’s contents
Because a notary acknowledgment only verifies the signer’s identity and willingness to sign, a jurat typically offers greater protection. However, acknowledgment is usually sufficient for many real estate and estate planning documents.
What to Include in a Washington Notary Acknowledgment
Your notary acknowledgment should follow the notary language in Washington state, as evident in WA Rev Code § 42.45.140. Some key points to keep in mind:
- It should state whether the acknowledgment is being made in an individual or representative capacity.
- It should include the county and state (Washington) of acknowledgment.
- It should include the date that the acknowledgment is being made.
- It should include the notary public’s name, signature, seal, and title.
- It should specify the expiration date of the notary public’s commission.
If the signer cannot physically sign their name, they can orally direct the notary public to sign the person’s name on their behalf. If they perform this action, they must state that the signature was obtained under the authority of WA Rev Code § 64.08.100.
Sample Notary Statement for Washington State
View an example of a notary statement for Washington state to see how to structure your notary acknowledgment. Fill in the key details using Legal Templates’s guided form, then download it in PDF or Word format and print it out so the notary public can add their signature and seal.
Is Online Notarization Legal in Washington?
Yes. Thanks to the adoption of Senate Bill 5641 in 2019, notaries can authenticate a signing party’s signature via audio-video communication. For the online notarization to be valid, the notary public must meet the following requirements, per WA Rev Code § 42.45.280, § 42.45.130, and § 42.45.190:
- Acquire at least two proofs of identity.
- Produce a recording of the act and retain it for at least 10 years.
- Attach or logically associate an official stamp to/with the notary certificate.
- Use tamper-evident technologies to perform remote notarial acts.
- Notify the Washington Department of Licensing (DOL) that a remote notarial act will be performed.
Documents That Typically Require Notarization in Washington
Many real estate and estate planning documents require notarization to ensure proper execution. Explore some forms that typically need acknowledgment by a notary public in Washington:
- Durable power of attorney
- Non-durable power of attorney
- Limited power of attorney
- Real estate power of attorney
- Minor power of attorney
- Power of attorney revocation
- Self-proving affidavit
- Warranty deed
- Quitclaim deed
- Living trust
Even though some forms may not require notary acknowledgment in Washington, it’s still a good idea to seek notarization. With a notary acknowledgment, individuals or institutions can be more assured that documents they come across have been signed by the proper person. Review some documents that you should consider for notarization: