How to Choose the Right Notary in Texas (and What’s Changing in 2026)

Selecting a notary is an important decision. Whether you need a notarization for real estate, an affidavit, power of attorney, or an online signing, choosing a qualified Texas notary helps ensure legal acceptance, compliance, and peace of mind.

1. Confirm Texas Commission and Good Standing

A reputable notary must be commissioned by the Texas Secretary of State and follow all state requirements, including:

  • Proper identification requirements
  • Use of a notary seal
  • Recording notarial acts according to Texas law

You can verify a notary’s commission status through the Texas SOS online directory.

2. Check Service Types: In-Person, Mobile & Online

Modern clients expect flexibility. A great notary offers one or more of these services:

Mobile Notary Service

  • Travels to homes, offices, hospitals, or closing offices
  • Ideal for real estate signings, estate planning, or clients with mobility needs

Online/Remote Notarization (RON)

  • Conducted via two-way audio and video conference
  • Allows signers to appear remotely from anywhere
  • Must use technology compliant with Texas standards and secure identity verification

Online notarization requires additional expertise and technology. A qualified provider will explain the process clearly. Texas Constitution and Statutes+1

3. Ask About Record Keeping and Security

Under current Texas law, notaries—especially online notaries—must keep detailed records of notarial acts. This includes:

  • Audio-visual recordings for online notarizations
  • Journal entries with date/time, type of act, and signer information
  • Secure retention practices

These records may not be publicly released without proper request and should be stored safely according to guidelines. Texas Secretary of State

4. Understand Fees Upfront

Texas sets maximum fees notaries may charge for specific acts (such as acknowledgments and oaths). Professional notaries will disclose all fees—including travel charges for mobile services—before scheduling appointments.

5. Ensure Professionalism and Compliance

A good notary will:

  • Explain the notarization process
  • Confirm signer identity
  • Refuse notarization if requirements aren’t met
  • Never provide legal advice (unless they are also a licensed attorney)

Avoid notaries who pressure you to sign before you understand the document or who ask for incomplete documents.


Important Texas Notary Law Changes (2025–2026)

Texas law is evolving to increase transparency, security, and accountability for notarization services. Key changes clients should know include:

Criminal Penalties for Improper Notarizations (Effective September 1, 2025)

New Texas legislation (Senate Bill 693) makes notarizing a document without the signer’s personal appearance a potential criminal offense. For real property documents, this can rise to a felony offense. Proper signer appearance—whether in-person or via live online conference—is now strictly enforced. Texas Notary+1

Extended Record Retention

Under the new law, notaries must retain records of notarizations for a longer period—up to 10 years, which is double the prior requirement. This extended retention promotes transparency and ensures public access to notarization records if legally requested. Notary Hub

Education Requirements (Effective January 1, 2026)

Texas will require notary applicants and renewing notaries to complete a state-mandated education course before commissioning. Rules for this course are being finalized, but the requirement reflects a statewide effort to elevate professionalism. Texas Secretary of State

Online Notary Standards Continue to Evolve

Texas online notaries must follow strict identity verification and record-keeping standards for remote notarizations, including secure two-way audio/video technology and proper notarial certificates indicating online notarization. These standards were strengthened and clarified in recent legislative updates. Texas Constitution and Statutes


Final Checklist for Texas Clients

Before you schedule a notarization, confirm that your notary:

✔ Is commissioned and in good standing
✔ Offers the service type you need (in-person, mobile, or online)
✔ Provides clear pricing and scheduling
✔ Maintains secure records and follows Texas law
✔ Understands the new legal landscape beginning in 2025–2026

Selecting a notary who meets these standards will give you confidence that your documents are executed correctly and professionally under Texas law.

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