Notarizing In-Laws: Georgia Notary's Role

In the United States, notary services are authorised at the state level, and the laws governing notarial acts vary from state to state. In Georgia, notaries public are commissioned for four-year terms by the Clerk of Superior Court in their county of residence. A Georgia notary public can perform notarial acts anywhere within the boundaries of the state, and a legal resident of a neighbouring state may apply to become a notary public in Georgia. However, a Georgia notary public is not authorised to perform marriage ceremonies. While there are no bond requirements for Georgia notaries, they may charge a fee for performing notarial services. As long as the notarial act is conducted within the geographical boundaries of the notary's state of commission, a notary public can legally notarise out-of-state documents.

Can a Georgia notary notarize documents from another state?

A Georgia notary public can perform notarial acts anywhere within the boundaries of the state. This means that a Georgia notary can notarize documents from another state as long as the act is conducted within the geographical boundaries of Georgia. However, the notary must follow Georgia's laws when performing the notarial act, not the laws of the state where the document originated.

It is important to note that a Georgia notary public is not authorized to perform marriage ceremonies. Additionally, a Georgia notary must maintain a written or electronic journal of each notarial act performed, starting on January 1, 2025. They may charge a fee for their services, but they must inform the person requesting the notarial act of the fee in advance. The authorized fee is $2 for each act, with an additional $2 for providing a certificate from the Clerk of Superior Court of the effectiveness of the notary commission.

To become a Georgia notary public, one must be a legal resident of Georgia or a bordering state, be at least 18 years old, and be a citizen or legal resident of the United States. They must also complete a notary training course and pass an exam. The Georgia Superior Court Clerks' Cooperative Authority offers "The Georgia Notary Handbook," which is a helpful resource for notaries in the state.

In some cases, a notary public may be legally allowed to act as a notary in multiple states. For example, Montana, Wyoming, and North Dakota allow notary publics to act as notaries in bordering states, as long as the bordering state also has this law. However, this practice is not accepted in all states, so it is important for notaries to familiarize themselves with the laws of their state and any state in which they plan to perform notarial acts.

What are the laws and requirements for a Georgia notary?

As of January 1, 2025, notaries public in Georgia are required to complete an educational training class relating to the duties of notaries public. The training course must be completed before the initial appointment and within 30 days of each subsequent renewal appointment. The "Georgia Notary Handbook" is a reference book for Georgia notary law, notary procedures, and best practices.

To become a notary in Georgia, you must complete the notary training course, which covers Georgia notary law and basic notary procedures. You must then complete a notary application and bring it to the Clerk of Superior Court in your county of residence, along with the training course certificate of completion. You must also pay the application fee and take an oath of office. The clerk's office will then issue a notary certificate of appointment.

Additionally, Georgia requires two people to submit an affidavit stating that the applicant is of good moral character and is capable of performing notarial acts. The endorser cannot be related to the applicant, must be at least 18 years old, must live in the county of application, and must have known the applicant for at least 30 days.

Notaries in Georgia are allowed to perform notarial acts anywhere within the boundaries of the state. They are also allowed to notarize out-of-state documents as long as the act is conducted within the geographical boundaries of the notary's state of commission. However, they must follow the laws of their state of commission when performing notarial acts on out-of-state documents.

What are the fees for a Georgia notary's services?

In Georgia, notaries public are commissioned for four-year terms by the Clerk of the Superior Court in the county of residence. The fee for a new notary appointment or reappointment is typically between $40 and $55, although this may vary depending on the county. Applicants are also required to complete a notary training course and submit the certificate of completion alongside their application. They must then take an oath of office and purchase a notary seal, which can be either a metal emboss type or a rubber ink stamp. This seal can be purchased from an office supply store or a notary trade association.

In terms of the fees for their services, there is no set price for notaries in Georgia. However, it is common for notaries to charge a small fee for their services, typically ranging from $5 to $25 per notarization. This fee is usually paid by the signer of the document and is separate from the application fee mentioned earlier.

When charging for their services, notaries in Georgia may consider factors such as the complexity of the document, the number of signatures required, and whether travel is necessary. Some notaries may offer discounts for multiple signatures or provide mobile services for an additional fee.

It is important to note that notaries in Georgia are required to verify the identity of the signer before notarizing any documents. This typically involves checking a non-expired form of identification, such as a driver's license or passport. The signer must sign the document in the presence of the notary to ensure the authenticity of the signature.

Can a Georgia notary perform a marriage ceremony?

A Georgia notary public can perform a marriage ceremony, but only if they are also licensed as a wedding officiant in the state. In the US, only six states currently allow a notary to act as a wedding officiant: Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. If a notary performs a ceremony outside of these states, the marriage certificate will not be legally valid unless the notary is also licensed as a wedding officiant in that state.

In Georgia, marriage is a legally and formally recognized civil union between two people. The state legislature and judicial branch have mandatory oversight of weddings, and individuals must be aware of the laws governing such unions. For example, couples must submit their signed marriage license to the county clerk's office within 30 days of the wedding. Failure to do so will invalidate the marriage.

In terms of who can officiate a wedding in Georgia, the law states that a license shall be directed to:

> "the Governor or any former Governor of this state, any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony."

This means that, in addition to public figures such as judges, court clerks, and justices of the peace, religious figures like ministers, priests, and rabbis can also officiate weddings in Georgia. There is no statewide registration process for ministers in Georgia, so a ULC minister can technically officiate a wedding after being ordained online. However, it is important to contact the local county clerk to ask about any necessary documentation, as some counties may require this from the minister.

While Georgia does not appear to be one of the six states that allow a notary to act as a wedding officiant, a Georgia notary can still provide notarization services related to marriage, such as notarizing certified copies of wedding licenses. This is a requirement in some states, such as California, for those who want a confidential wedding license.

What qualifications are required to become a Georgia notary?

To become a notary public in Georgia, there are several qualifications and requirements that must be met. Firstly, applicants must be at least 18 years of age and be a citizen of the United States or a legal resident of the country. They should also be a legal resident of the county in which they are applying or live in a state bordering Georgia, working in the county of application. Applicants must be able to read and write in English and provide a telephone number on their application.

Additionally, Georgia requires two endorsers to submit an affidavit stating that the applicant is of good moral character and is capable of performing notarial acts. These endorsers must be at least 18 years old, reside in the county of application, and have known the applicant for more than 30 days. They cannot be related to the applicant.

While training is not mandatory for a notary commission in Georgia, it is recommended to complete a free online training course that explains the state's notary laws and basic procedures. As of January 1, 2025, notaries public will be required to complete an educational training class related to their duties. The completion of a notary training course is also necessary for Cobb County Superior Court Clerk applications, along with a certified background check.

The application process involves submitting the application to the Clerk of Superior Court in the county of residence or employment, depending on the situation. The appointment fee must also be paid, and the oath of office must be taken. A notary seal or stamp must be purchased, and this can be a metal emboss type or a rubber ink stamp.

Frequently asked questions