Out of state Notary refusing to notarize

[justkat]

What is the name of your state (only U.S. law)? Arizona

My brother died in Maricopa County. One of his heirs, another brother, lives in Washington State. I sent a Waiver of Bond and Waiver of Right to Appointment to him in Washington to sign and have notarized. The Notary refuses to notarize the papers because they say State of Arizona and Maricopa County on them. The Notary said he might be able to notarize if he crosses these out on the document.


Has anyone ever heard of this? Thanks.What is the name of your state (only U.S. law)?

 

[tranquility]

Sure. What is it you want the notary to swear to?

 

[justalayman]

Sure. What is it you want the notary to swear to?

I can take a wild guess and I bet I hit it on the head.


he wants the notary to witness the OP's brothers signature.

No, I have never heard of this and there is no reason the notary cannot witness your brothers signature. The only problem would be if Arizona would not accept the Washington notary's seal in Arizona. A Washington notary is not authorized to notarize a signature in Arizona and as such, the courts may not accept the action.

 

[justkat]

Sure. What is it you want the notary to swear to?

My brother's signature on the waivers.

The only problem would be if Arizona would not accept the Washington notary's seal in Arizona. A Washington notary is not authorized to notarize a signature in Arizona and as such, the courts may not accept the action.

My brother and the notary are both in Washington State. The two other brothers also live out of state. The brother in Minnesota had no problem having the documents notarized. If Arizona won't accept a notary's seal from outside of Arizona, how do my brothers sign the required documents short of traveling to Arizona for every document they need to sign?

Thanks

 

[anteater]

Ask your brother to try another notary.

 

[nextwife]

Generate a duplicate set of docs in which the state and county of doc execution are left blank.

 

[8288DG]

I am a notary and you can only notarize for the state that you are bonded in. Do as nextwife said and leave state and county blank and the notary will fill it in.

 

[anteater]

I am a notary and you can only notarize for the state that you are bonded in. Do as nextwife said and leave state and county blank and the notary will fill it in.

I have never seen a waiver in a probate case that did not include the state and county in which the probate is occurring. I doubt that the court in AZ would accept the documents without the state and county.

I am not a notary and admit to ignorance on notarial requirements and restrictions, but the "you can only notarize for the state that you are bonded in" makes no sense. If that were the case, we would have people flying all around the country to have documents notarized in the states in which a transaction is occurring.

If I lived in Seattle and had a parent pass away in Maine and I needed to have a waiver to allow my sister to be appointed as personal representative notarized, I would have to travel to Maine to sign before a Maine notary?

 

[tranquility]

Let me paraphrase and add a touch:

What, EXACTLY, is it you want the notary to swear to?

 

[nextwife]

The notary only asserts that the signatory is the same as the person whose name is on the document, and that it was signed by that party in their presence.

 

[anteater]

Let me paraphrase and add a touch:

What, EXACTLY, is it you want the notary to swear to?

I am not in Arizona but I have seen the standard Arizona waiver forms, which I am pretty certain the OP has. It is the basic:

Subscribed and sworn to before me...

The notary only asserts that the signatory is the same as the person whose name is on the document, and that it was signed by that party in their presence.

Which is why the notary is clueless.

By now, the OP is probably back to figuring if he/she can just use an Affidavit.

 

[justalayman]

I am a notary and you can only notarize for the state that you are bonded in. Do as nextwife said and leave state and county blank and the notary will fill it in.

the notary would be notarizing for the state he lived in. The problem is it is on a document for the state of Arizona so, as I said, if Arizona will accept a notary in Washington and therefore the signature of the person, then all is well. If Arizona will not accept a notary from another state witnessing a signature taking place in Washington, then other means will need to be found.


leaving the state and county blank will not make any difference. It is still an Arizona document. The notary is not notarizing for Arizona, he would be notarizing the signature and signatory as allowed per his Washington license (?) or whatever it is called.

Hell, the notary can notarize an otherwise blank piece of paper other than the signature and proper accompanying statements if all that is being notarized is the signature.

tranquility Let me paraphrase and add a touch:

What, EXACTLY, is it you want the notary to swear to?

T, are you having an off day or is there some underlying statement you are after. All the OP is after is to have the persons signature notarized which, in Washington simple means the notary public

(1) In taking an acknowledgment, a notary public must determine and certify, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary public and making the acknowledgement is the person whose true signature is on the document.

 

[tranquility]

So, you think a WA resident wants to sign something in WA?

That seems fine.

I'd make sure the paperwork states such.

 

[justalayman]

So, you think a WA resident wants to sign something in WA?

That seems fine.

I'd make sure the paperwork states such.

Your losing me on this T. Of course the WA resident wants to sign something in WA. You can sign a document concerning another state in WA. The notary public's witness will list that it took place in WA and the notary is licensed by the state of WA.


I have never seen a state not accept the witness by a notary from another state if the signing took place in the other state. In fact, it would not be possible for a NP from Arizona to witness the signature of the WA resident IF the signing took place in WA or vice versa.

 

[justkat]

All I want from the notary is proof for the court that the person who's name and address are at the top of the waiver is the same person signing the document. The documents provided by the court are copyrighted and do have the county and state on them. I'm pretty certain that the court will not accept this document if I've changed it from it's original format. I'm also pretty certain that the court understands that some of the heirs of the deceased may live out of state.

Here is a link to the .pdf file for the Waiver of Bond (if this forum will let me post links, if not I apologize)

http://www.superiorcourt.maricopa.gov/sscDocs/pdf/pbip12f.pdf

The notary is not notarizing for Arizona, he would be notarizing the signature and signatory as allowed per his Washington license (?) or whatever it is called.

That's what I thought. A signature would be the only reason to have this document notarized at all.

By now, the OP is probably back to figuring if he/she can just use an Affidavit.

No, just wishing.

Thanks everyone.