A notary public is a public officer commissioned by the State of Delaware to verify who is signing a document, and to record that the signing happened. Here is what that means in practice, what it costs, and what a notary is not allowed to do.
A notary is a witness to identity, not a judge of content. The commission says nothing about whether your document is a good idea, correctly worded, or legally sufficient. Delaware notarial practice is governed by 29 Del. C. ch. 43, the Revised Uniform Law on Notarial Acts.
Notarization is not one single thing. Delaware recognises several distinct notarial acts, and the one your document needs is usually printed on the document itself, in the block of text near the signature line.
| Act | What actually happens |
|---|---|
| Acknowledgment | You confirm to the notary that the signature is yours and that you signed it willingly. The most common act, used on deeds, powers of attorney and bills of sale. |
| Verification on oath or affirmation | Often called a jurat. You swear or affirm that the contents of the document are true, then sign in front of the notary. Used on affidavits and sworn statements. |
| Witnessing or attesting a signature | The notary watches you sign and certifies that they saw it happen. |
| Copy certification | The notary certifies that a copy is a true and complete reproduction of a document you supplied. Vital records such as birth certificates are usually excluded. |
| Oath or affirmation | Administering a spoken oath, for example to a witness or an office holder. |
| Noting a protest | A formal record that a negotiable instrument was not paid or accepted. Rare outside banking. |
These acts are defined at 29 Del. C. 4316. If you are not sure which one your document calls for, bring it with you and we will read the certificate block together.
This is the part most people are surprised by, and it is worth reading before you book anything.
Delaware sets a maximum of $5.00 for the notarial act itself. That cap is statutory and applies to every commissioned notary in the state. A notary who travels to you may charge a separate travel and convenience fee, which the state does not regulate, and which must be disclosed to you before the service or the travel.
| Line | Amount | Regulated? |
|---|---|---|
| The notarial act | $5.00 max | Yes. Capped by the State of Delaware, per act. |
| Travel and convenience | Varies | No. Set by the business, and disclosed to you before it is incurred. |
This is why an advertised mobile notary price is never the notary fee. When Delaware Mobile Signings advertises a general appointment from $35, that figure is $5.00 for the notarial act plus $30.00 for travel and convenience, and you are shown the split before you book.
| Bring | Why it matters |
|---|---|
| The document, unsigned | The notary has to witness the signature, so leave the signature line blank until you are together. |
| Current photo ID | Government issued and unexpired, with a name that matches the document. One for every person signing. |
| Every signer | Each person signing must appear in person, at the same appointment, unless arranged otherwise in advance. |
| Any witnesses the document needs | Some documents require witnesses in addition to the notary, and the notary usually cannot be one of them. A Delaware will needs 2 or more under 12 Del. C. 202. |
| The complete document | All pages, including exhibits. A notary should not notarize a document with blank spaces still to be filled in. |
Delaware permits remote online notarization, where the signer appears before the notary by live audio and video rather than in the same room. The identity check is stricter rather than looser: it combines credential analysis with knowledge-based authentication, and the session is recorded and retained.
Remote notarization is not accepted by every recipient, so if a county office, a lender or a foreign authority is receiving the document, check with them first. When in doubt, an in-person signing is the safer route.
Three roles get confused constantly, and the difference decides who you should actually call.
| Role | What they do | What they cannot do |
|---|---|---|
| Notary public | Verifies who you are, watches you sign or takes your acknowledgment, and completes a notarial certificate. | Give legal advice, draft documents, or tell you what a document means. |
| Notary signing agent | A notary with additional training in mortgage and title packages, who can walk you through where to sign a loan set. | Explain loan terms, interpret figures, or advise whether the loan is a good idea. |
| Attorney | Advises you, drafts the document, and represents your interests. | Nothing relevant here — if you need advice, this is who you need. |
A notary who offers to tell you what to sign or what a clause means is doing something they are not permitted to do. That is not caution on our part; it is the boundary of the commission.
People often assume a notary stamp means the document is true, legal, or approved by the State. It means none of those things. A notarial certificate records a much narrower set of facts:
That is the whole value of it. A notarised document is not a true document — it is a document whose signature can be proved later, by someone other than the person claiming it. That is why courts, banks and foreign governments ask for it.
It also means a notarisation does not expire. The act was true on the day it happened and stays true. What can expire is the document itself, or a requirement that it be recorded within a certain time.
These are the questions we are actually asked at the table, in roughly the order they come up.
What does “notary public” mean?
A notary public is a person the State appoints to act as an impartial official witness. The “public” part is the point: the notary is not acting for you, for the other side, or for whoever is paying. Their function is to confirm that the person signing is who they say they are, and to create a record of that which holds up later.
Is a notary public the same as a lawyer?
No. A lawyer advises you and can draft documents for you. A notary public verifies identity and witnesses signatures, and is not permitted to advise you on what to sign or explain what a document means. In some countries the word “notary” does mean a qualified lawyer, which is why the confusion is so common — but not in the United States.
Can a notary notarise a document for a family member?
A notary must not notarise a document in which they have a beneficial interest, and notarising for close family invites exactly that challenge. We decline it as a matter of policy. It is not worth having a document questioned years later over who held the stamp.
Do I have to sign the document in front of the notary?
For a jurat or affidavit, yes — you must sign in the notary’s presence and swear to the contents. For an acknowledgment your signature may already be on the page, but you still have to appear personally and acknowledge it as yours. In practice, bring the document unsigned: it is never wrong to sign in front of us, and it is sometimes wrong to have signed already.
Is a notary the same as a witness?
No, and this trips people up on wills and powers of attorney. A witness simply attests that they watched you sign. A notary verifies your identity and completes an official certificate. Where a document requires both, you generally need a separate qualifying witness as well as the notary — and in Delaware that witness often cannot be a relative or anyone who inherits.
What identification does a Delaware notary accept?
Valid, unexpired, government-issued photo identification, with a name that matches the document — a driver’s licence, state ID, passport or military ID. Without it a notary must refuse, and the visit still has to be paid for, so it is worth checking the expiry date before the appointment rather than at it.
How much can a notary charge in Delaware?
Delaware caps the notarial act itself at $5.00. Any travel, after-hours or convenience charge is separate from that fee and should be quoted and itemised for you before anything is signed. If someone quotes a single undifferentiated price, ask which part is the statutory fee.
Does a notarisation ever expire?
The notarisation does not. It records something that was true on a particular date and remains a record of that. What can lapse is the underlying document, or a deadline for filing or recording it — so check the requirement, not the stamp.
Call the office and describe the document. We will tell you which act it needs, what it will cost, and whether it can be done remotely. Dover 302-505-1459. Millsboro 302-316-3926.
