One of the most common questions I encounter as a notary public is: “What’s the difference between an acknowledgment and a jurat?” While both are essential notarial acts, they serve different purposes and have distinct requirements. Understanding these differences can save you time, ensure proper document execution, and prevent costly mistakes.
Drawing from experiences, I’ve seen how this confusion can delay important transactions. Let me break down everything you need to know about these two fundamental notarial acts.
What is an Acknowledgment?
An acknowledgment is a notarial act where you, as the signer, acknowledge to the notary that you signed the document willingly and for the purposes stated in the document. The keyword here is “acknowledge.” You’re confirming that the signature is yours and that you signed it voluntarily.
Key characteristics of acknowledgments:
- You can sign the document before meeting with the notary
- You must personally appear before the notary
- The notary verifies your identity
- You acknowledge that you signed the document willingly
- No oath or affirmation is required
The acknowledgment certificate typically includes language like: “On this date, before me personally appeared your name, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same…”
What is a Jurat?
A jurat is a notarial act where you sign the document in the notary’s presence and swear or affirm under oath that the contents of the document are true. The word “jurat” comes from the Latin word meaning “to swear.”
Key characteristics of jurats:
- You must sign the document in the notary’s presence
- You must take an oath or affirmation
- The notary verifies your identity
- You swear that the document contents are true
- The notary must witness your signature
The jurat certificate typically includes language like: “Subscribed and sworn to (or affirmed) before me on this date by your name, who proved to me on the basis of satisfactory evidence to be the person who appeared before me.”
The Critical Differences
Understanding these differences is crucial for proper document execution:
| Acknowledgment | Jurat |
|---|---|
| Can sign before notary appointment | Must sign in notary’s presence |
| No oath required | Oath or affirmation required |
| Acknowledges signature is yours | Swears content is true |
| Focus on identity and willingness | Focus on truthfulness of content |
| Cannot be done remotely (except via RON) | Cannot be done remotely (except via RON) |
When to Use an Acknowledgment
Acknowledgments are typically used for documents where the primary concern is confirming the signer’s identity and voluntary execution. Common examples include:
Real Estate Documents
- Deeds
- Mortgages
- Deeds of trust
- Property transfers
- Quitclaim deeds
Real-world example: When Maria purchased her first home, she needed to sign a deed of trust. Since she had already reviewed and signed the document with her attorney, I performed an acknowledgment. I verified her identity, confirmed she understood she was signing a deed of trust, and that she signed it willingly. No oath was required because we weren’t verifying the truthfulness of statements within the document.
Legal Documents
- Powers of attorney
- Contracts
- Wills (in some states)
- Trust documents
- Corporate resolutions
Real-world example: Robert needed a power of attorney notarized for his elderly mother’s care. He had already signed the document at home after carefully reviewing it with his family. During our appointment, I verified his identity and he acknowledged that he signed the power of attorney voluntarily and understood its implications.
Business Documents
- Partnership agreements
- Operating agreements
- Commercial contracts
- Loan documents
When to Use a Jurat
Jurats are used when the content of the document needs to be sworn to under oath. The signer is declaring that the facts stated in the document are true to the best of their knowledge. Common examples include:
Legal Affidavits
- Affidavits of identity
- Affidavits of residence
- Affidavits of support
- Small estate affidavits
Real-world example: Jennifer needed an affidavit of identity for her name change after marriage. Since she was stating facts about her identity and name change, I administered an oath asking her to swear that the information in the affidavit was true to the best of her knowledge. She then signed the document in my presence.
Court Documents
- Sworn statements
- Depositions
- Witness statements
- Verification of pleadings
Real-world example: Tom needed a sworn statement for a court case. The document contained his testimony about events he witnessed. I administered an oath, asking him to swear that his testimony was true and accurate, then watched him sign the document.
Government Forms
- Immigration documents
- Benefits applications
- Tax-related affidavits
- Compliance statements
Insurance Claims
- Proof of loss statements
- Sworn statements for claims
- Affidavits of damage
Common Mistakes to Avoid
Using the Wrong Certificate The most common error I see is using an acknowledgment certificate when a jurat is required, or vice versa. Always check the document’s requirements or consult with the requesting party.
Pre-signing Jurat Documents Never sign a jurat document before your notary appointment. The notary must witness your signature for the jurat to be valid.
Skipping the Oath For jurats, the oath is mandatory. Some clients feel uncomfortable swearing to truthfulness, but it’s a legal requirement that cannot be omitted.
Assuming All Documents Are the Same Don’t assume that similar documents always require the same type of notarization. Each document should specify its requirements.
How to Identify Which Type You Need
Look for Certificate Language
Most documents include the notarial certificate, which will indicate whether an acknowledgment or jurat is required. Look for key phrases:
- Acknowledgment: “acknowledged,” “appeared before me,” “proved to me”
- Jurat: “subscribed and sworn,” “affirmed before me,” “sworn to before me”
Check Document Purpose
- If the document transfers property or grants authority, it likely needs an acknowledgment
- If the document states facts or makes claims, it likely needs a jurat
Ask the Requesting Party When in doubt, ask the person or organization requesting the notarization. They usually know which type is required.
State-Specific Considerations
As a dual-commissioned notary in California and Texas, I’ve learned that requirements can vary by state:
California Specifics:
- Acknowledgments & Jurats require satisfactory evidence of identity
- Thumbprints are required for certain acknowledgments (deeds, mortgages, powers of attorney)
Texas Specifics:
- Similar identity requirements
- No thumbprint requirement
- RON available for both acknowledgments and jurats
The Role of Professional Notary Services
Choosing the right notarial act isn’t always straightforward. My comprehensive training and experience has prepared me to carefully review each document and help clients understand the requirements. I don’t provide legal advice, but I can explain the notarial process and ensure proper execution.
With my dual commission, I can accommodate clients in both California and Texas, providing mobile services in California and Remote Online Notarization services from anywhere in the world when I’m physically in Texas.
Technology and Modern Notarization
Remote Online Notarization (RON) has revolutionized how we handle both acknowledgments and jurats. Through secure video technology, I can:
- Verify your identity digitally
- Witness your signature in real-time
- Administer oaths via video conference
- Provide the same legal validity as in-person notarizations
This technology is particularly valuable for clients who:
- Are located outside my Texas service area
- Have mobility challenges
- Need notarization outside traditional business hours
- Are traveling or located internationally
Practical Tips for Success
Before Your Appointment:
- Read your document carefully to understand its purpose
- Check if a notarial certificate is already attached
- Don’t sign jurat documents in advance
- Bring proper identification
- Prepare any questions about the process (not the document content)
During Your Appointment:
- Be honest about whether you’ve already signed the document
- Ask for clarification if you’re unsure about the oath requirements
- Ensure you understand the difference between acknowledging your signature and swearing to content truthfulness
After Your Appointment:
- Keep copies of notarized documents in a safe place
- Understand that the notarization doesn’t validate the document’s content, only the proper execution (signature)
Common Questions Answered
Q: Can I choose which type of notarization I want? A: No, the document or requesting party determines the type required. Using the wrong type can invalidate the notarization.
Q: What if my document doesn’t have a notarial certificate? A: I can share which type of notarial certificates I notarize to help you determine the appropriate certificate for your document.
Q: Can I do a jurat via RON? A: Yes, RON technology allows me to administer oaths and witness signatures remotely.
Q: What if I’m uncomfortable taking an oath? A: You can choose to “affirm” instead of “swear,” which has the same legal effect but may be more comfortable for some people.
Your Legacy Deserves Proper Execution
Understanding the difference between acknowledgments and jurats is crucial for proper document execution. Whether you’re purchasing property, creating legal documents, or handling business transactions, the right notarial act ensures your documents have the legal validity they need.
At Legacy in Ink, I’m committed to helping you navigate these requirements with confidence. Your documents represent important decisions and life events, therefore, they deserve the precision and professionalism that comes with experienced notary services.
Ready to Ensure Your Documents Are Properly Notarized?
Don’t leave your important documents to chance. Whether you need an acknowledgment, jurat, or aren’t sure which type is required, I’m here to help guide you through the process.
Contact me today to schedule your appointment:
Phone | 424.354.1004
Email | tiana@mylegacyinink.com
Available | 24/7, including evenings, weekends, and most holidays
Mobile service throughout Riverside, San Bernardino, and surrounding counties
Same-day appointments often available
Remote Online Notarization available worldwide. Availability may vary based on jurisdictional compliance.
Why Choose Legacy in Ink?
- Dual-commissioned notary (California and Texas)
- Certified signing agent with continuous training
- Nearly 20 years of experience in document management
- Mobile services for your convenience
- RON services for global accessibility (when available)
- Professional, detail-oriented service
Your signature is more than just your name. It’s your Legacy In Ink. Let’s ensure it’s executed properly, legally, and with the professionalism it deserves.
Dual Commissioned in CA & TX. Licensed, bonded, and insured. Certified & background verified signing agent with the National Notary Association. Committed to excellence in every appointment.