What Documents Need to Be Notarized for Real Estate?

Why Real Estate Documents Require Notarization

Real estate transactions involve the transfer of significant assets, and notarization serves as a critical safeguard against fraud. When a notary public witnesses your signature on a deed or mortgage document, they are verifying that you are who you claim to be, that you are signing voluntarily, and that you understand the document you are executing. In California, any document that will be recorded with the county recorder's office must be notarized. This is not optional — the recorder will reject unnotarized documents. As someone who handles real estate signings across the Bay Area, I see firsthand how important this step is in protecting both buyers and sellers.

Deed of Trust

The deed of trust is one of the most important documents in a California real estate transaction. It is the security instrument that gives the lender a claim on the property if the borrower defaults on the loan. In California, we use deeds of trust rather than traditional mortgages, though people often use the terms interchangeably. The deed of trust names three parties: the borrower (trustor), the lender (beneficiary), and a neutral third party (trustee) who holds the title until the loan is paid off. This document must be notarized and then recorded with the county. Every borrower listed on the loan must sign and have their signature notarized individually.

Grant Deed

A grant deed is the document that actually transfers ownership of property from seller to buyer. In California, the grant deed is the standard instrument for conveying title during a sale. It includes implied warranties that the grantor has not already transferred the property to someone else and that there are no undisclosed encumbrances. The seller's (grantor's) signature must be notarized before the grant deed can be recorded. I always remind clients that the grant deed is not the same as the deed of trust — one transfers ownership while the other secures the lender's interest.

Quitclaim Deed

Quitclaim deeds are commonly used in California to transfer property between family members, add or remove a spouse from title after marriage or divorce, or transfer property into a trust. Unlike a grant deed, a quitclaim deed offers no warranty about the quality of title — the grantor simply releases whatever interest they may or may not have in the property. Despite the lack of warranties, quitclaim deeds still must be notarized to be recorded with the county. I handle a lot of quitclaim deed notarizations, especially for estate planning purposes, and the process is quick once the document is properly prepared.

Power of Attorney for Real Estate

If one party cannot be present at closing, they may grant a power of attorney to someone who can sign on their behalf. In California, a power of attorney used for real estate transactions must be notarized and, ideally, recorded with the county. The requirements are strict — the title company and lender both need to approve the POA before closing, and the document must specifically authorize real estate transactions. A general power of attorney may not be sufficient. I always recommend that clients check with their title officer or escrow company well in advance if they plan to use a power of attorney at closing, because last-minute POA issues are one of the most common causes of closing delays.

Affidavits and Sworn Statements

Various affidavits come up in real estate transactions and all of them require notarization. An affidavit of identity confirms that a person is who they claim to be, which is common when there is a name discrepancy in public records. An affidavit of death of joint tenant is used when a co-owner passes away to remove their name from title. Affidavits of heirship establish inheritance rights to property. There are also seller affidavits and occupancy affidavits that lenders require during closing. Each of these is a sworn statement made under penalty of perjury, and the notary's role is to administer the oath and witness the signature.

• ●Affidavit of identity — resolves name discrepancies on title
• ●Affidavit of death of joint tenant — removes deceased co-owner from title
• ●Affidavit of heirship — establishes inheritance rights to real property
• ●Seller's affidavit — confirms property condition and disclosures
• ●Occupancy affidavit — certifies how the buyer will use the property

Other Real Estate Documents That May Need Notarization

Beyond the core documents listed above, several other real estate-related papers may require notarization depending on the specific transaction. Subordination agreements, which change the priority of liens on a property, typically require notarization. Reconveyance deeds, which release the lender's interest after a loan is paid off, must also be notarized and recorded. Lease agreements for commercial properties with terms exceeding one year often need to be recorded and thus notarized in California. If you are unsure whether your specific document needs notarization, the safest approach is to check with your title company, attorney, or the county recorder's office directly.