A notarization itself generally does not expire, meaning once a document is properly notarized, the act of notarization remains valid indefinitely. The purpose of notarization is to verify the identity of the signer and ensure they sign the document willingly at a specific point in time; this act, once performed, is a permanent certification of that event.
Understanding Notarization Validity
The core function of a notarization is to authenticate a signature, confirming the signer's identity and their intent to sign the document on a given date. The notarization itself does not have an expiration date. This means there is no universal rule stating that a specific notary stamp or the act of notarization becomes unacceptable after a certain period. The validity pertains to the integrity of the act at the moment it was performed.
Notary Public Commission vs. Document Notarization
It's crucial to distinguish between the validity of a notarization on a document and the expiration of a notary public's commission.
| Aspect | Description |
|---|---|
| Notary Public Commission | A notary public is appointed by their state government for a specific term, which typically ranges from four to five years. This commission has an expiration date, after which the notary cannot legally perform new notarizations until their commission is renewed. |
| Notarized Document | The act of notarization on a document, once completed by a validly commissioned notary, typically does not expire. As long as the notary public was actively commissioned and properly performed the notarization at the time of signing, the notarized document remains valid. |
If a notary's commission expires after they have notarized a document, the notarization on that document remains valid because the notary was commissioned at the time the act was performed.
When Might a Notarized Document Need to Be Re-notarized?
While the notarization itself doesn't expire, certain situations might necessitate getting a document re-notarized or could lead to an institution requiring a new notarization:
- Changes or Alterations to the Document: If any part of the document is altered, amended, or changed after the original notarization, a new notarization will almost certainly be required to validate the revised content.
- Specific Legal or Institutional Requirements: Some entities, such as banks, lenders, or government agencies, may have internal policies that require a notarization to be recent (e.g., within 30, 60, or 90 days) for specific types of transactions, such as real estate closings, loan applications, or certain legal filings. This is not due to the notarization expiring, but rather the receiving party's policy to ensure the most current intent of the signer.
- Document Type and Implied Time Limits: Certain legal documents, like powers of attorney, might have an inherent or implied timeframe for their effectiveness. While the notarization on such a document doesn't expire, the document's legal power might be considered outdated or require review after a significant period or change in circumstances.
- Lost or Damaged Originals: If the original notarized document is lost or damaged beyond use, and a new original is created, it will need to be re-notarized.
Practical Insights for Notarized Documents
To ensure your notarized documents remain effective and accepted, consider these practical tips:
- Safeguard Original Documents: Always keep the original notarized document in a secure location. Many institutions will only accept the original.
- Verify Institutional Requirements: If you are submitting a notarized document to a specific institution (e.g., a court, bank, or real estate office), inquire about any internal policies they may have regarding the age of the notarization.
- Consult Legal Counsel: For complex legal documents or transactions, it is always advisable to consult with a legal professional to ensure the document meets all current requirements and remains legally sound.
- Understand the Notary's Role: Remember that a notary public certifies the identity and willingness of the signer, not the legality or truthfulness of the document's content.
For more information on notarization practices, you can refer to resources from organizations like the National Notary Association or your state's Secretary of State office.
