Notary legislative and regulatory activity in 2024 centered around the vexing problem of real property fraud and the most effective ways Notaries can protect the public from it. Maximum Notary fees in some states were raised, while lawmakers also authorized electronic notarizations with electronic estate planning documents.
Real estate fraud
Real estate fraud took center stage in 2024 when Elvis Presley’s famed Graceland became the subject of a foreclosure scam involving a fraudulently notarized deed of trust. The epidemic of real property seller impersonation fraud sweeping the country caught lawmakers’ attention and prompted a wave of legislative activity to address the issue.
Two bills that became law included a Georgia measure requiring a Notary to record certain notarial acts affecting real estate in a journal and an Oklahoma bill that created new penalties for failure to properly identify a signer.
However, most bills seeking to address real estate fraud this year failed to become law. Several included controversial provisions, like requiring a Notary to place their own thumbprint in the journal for each notarial act and limiting the performance of notarial acts on real property documents to Notaries of the enacting state, that thankfully never saw the light of day. Lawmakers in two states — Tennessee and Maine — prudently decided to study the issue further before enacting potentially problematic legislation.
Notary education
Georgia enacted a new training requirement for new and renewing commission applicants as part of a bill to address deed fraud (see above). Oregon now will require renewing Notaries to take an education course, with the Secretary of State citing Notary mistakes as the key reason. Illinois will now exempt licensed attorneys and their employees, judges, and court employees from the mandatory Notary education course and exam, instead requiring them to acknowledge that they have read and understand the Illinois Notary Public Act.
Notary fees
Three states increased the maximum fees Notaries may charge this year. By regulation, Maryland increased fees from $6 to $8 per notarial act to offset higher commission application fees, and Washington raised fees from $10 to $15. Virginia enacted the first Notary fee increase in nearly 20 years, raising fees from $5 to $10.
The Colorado Secretary of State adopted rules requiring Notaries who charge customers for notarizations and related services to disclose their fees upfront. To learn more, check out our in-depth guide to Colorado’s Notary fee disclosure rules.
Notary seals
Occasionally legislatures adopt policies that don't directly relate to Notaries but create ripple effects in the Notary world. This year the Minnesota State Emblems Redesign Commission adopted a new design for the official state seal. Because a Minnesota Notary’s official stamp must include the state seal, House File 4772 retroactively “grandfathered” official stamps containing the old state seal for Notaries with unexpired commissions.
Sometimes legislatures make mistakes. Wisconsin passed a law in 2020 requiring the Notary’s commission expiration to appear in a Notary’s stamp without noticing that another existing statute prohibited it. So, this year the Legislature corrected the conflict between the two statutes.
Electronic estate planning documents
Finally, the broad implementation of remote online notarization (RON) and in-person electronic notarization (IPEN) led some states to revise their estate planning laws.
Five states introduced the Uniform Electronic Estate Planning Documents Act (UEEPDA) in 2024, with three — Colorado, Oklahoma, and Washington — enacting it into law. UEEPDA authorizes the use of electronic signatures — and notarization — on non-testamentary estate documents such as trusts, certifications of trust, and powers of attorney.
Brooke Merritt is the Senior Manager of Policy Planning at the National Notary Association.