Should Notaries Read the Entire Document?

One of the most common questions notaries ask is, “Am I supposed to read the entire document before notarizing it?” The answer depends on the circumstances.

In most states, a notary's responsibilities are considered ministerial rather than judicial. This means a notary follows procedures required by law but does not make legal judgments about the contents of a document. For example, if a signer signs a contract selling a vehicle for one dollar, the notary is not responsible for deciding whether the transaction is fair or whether the signer made a good decision.

The notary's role is limited to verifying the signer’s identity, confirming that the signer is signing willingly, determining that the signer appears aware of the transaction, and completing the notarial act properly by following their state’s notary laws.

With that being said, a notary should scan the document to:

• Check for blank spaces that could be filled in later.
• Ensure no pages appear to be missing.
• Identify the information needed to record the notarial act in the notary journal, if required by state law.
• Verify that the signer's name on the document is consistent with the name on the identification presented.
• Determine the notarial act to be performed based on the notarial certificate.
• Review the notarial certificate to ensure its wording complies with state law.

Although notaries are generally not required to read the entire document, there are exceptions. For example, some states, such as Florida, Illinois, and Indiana, require the notary to read the entire document to a signer who is blind before performing a notarization. In these situations, the notary is not reading the document to provide legal advice, determine whether the document was properly prepared, or assess its legal sufficiency. Rather, the notary is fulfilling a specific duty imposed by their state's notary law. Notaries should be familiar with the laws of the state where they are commissioned and comply with any special requirements that apply to particular signers or notarizations.

The key takeaway is that notaries should scan through the document for the information needed to properly perform the notarial act and identify obvious issues that could affect the notarization. Unless state law requires otherwise, a notary is not required to read the entire document.