The other day we had a client walk in the office that needed some Notary Public service done.
Specifically, they were looking to have an official death certificate notarized. As soon as they told me what they wanted, a red flag started waving in my head. Something about that request was just not right.
I asked, "Why do you need this death certificate notarized?"
They responded that they were trying to close out a family member's personal business account. It seems a family member passed away not so long ago. I understand you have to close out those accounts. Not wanting to seem too intrusive but something was still not jiving, I asked, "Who is requesting this notarized death certificate?"
The person responded they were trying too close the family member's account with a third party electric company.
If you are not too sure, what I mean one estate third party electric company, I hope this works: electricity runs to your home over a wire. The primary electric company in your area owns that wire. They are typically the ones that send you your first electricity bill. Over the years, other companies have contracted with those primary electric companies to sell you (the consumer) electric service at a reduced rate. There is nothing wrong with that it happens all the time. In most cases, those third party electric companies will want to lock you into a one, two, or three your contract. Getting out of that contract is a little difficult. Apparently even when you are dead.
I explained to the person that there is no space on a State of Texas Death Certificate for a notary to sign and place his seal. Additionally, the State of Texas seal is the certification and that is displayed prominently on the certificate itself.
She was not buying my answer. I continued to explain that there are some forms and certificates that cannot be notarized because again they already official documents.
They still were not buying it.
I then headed on over to the Secretary of State of Texas website and found exactly what I needed. A death certificate is an Apostille. An Apostille is "form of certification set out in the 1961 Hague Convention, to which the United States became a subscriber in 1981. It is a form of numbered fields, which allows the data to be understood by the receiving country regardless of the official language of the issuing country."
"The object of the Apostille is to 'abolish the requirement of diplomatic or consular legalization for foreign public documents'. The completed Apostille certifies the authenticity of the signature, the capacity in which the person signing the document has acted, and identifies the seal/stamp which the document bears."
Here is where I found exactly what we were looking for: "The Hague Convention defines 'public documents' as: those originating in a court, clerk of a court, public prosecutor or process server, administrative documents, notarial acts, official certificates placed on documents.
These types of 'public documents' would include birth/death certificates, marriage licenses, divorce decrees, school transcripts and diplomas/degrees, among others."
It was a legal document on its own (without notarization).
However, after showing her this and explaining why this document did not need to be notarized she still did not accept the answer.
I then proceeded to telephone the Bureau of Vital Statistics to get a verbal confirmation of what I just read to the customer and what I was trying to explain. While I was waiting (on hold), I tried to explain why this was not sitting well with me.
If I had proceeded with the notarial act on this certificate, I would be, putting me in a situation that I do not intend to put myself into. As the death certificate is an official state document, it is a recognized legal certificate there is no need for the notary, and a question of fraud would then come into play. Why would I willingly notarized and already legal document?
At this point, I think she started to understand. When the clerk at the bureau of vital statistics answered, I explain the situation, and the clerk reconfirmed what I had said I then asked the clerk if she would be willing to repeat that answer to the customer that is in my office? She said yes and did so.
The client accepted the answer. She expressed that she was sorry for taking up all my time. There was nothing to be sorry about as we both learned something today and that is a very good thing.
To sum it up, check your documents and your certificates, especially death and birth certificates. If you do not see a spot specifically for a notary, then document does not need to be notarized.
FYI: What does need to be notarized is the form you use when you want to make changes to a birth or death certificate. That is for a different blog post.
I hope this helps. Thank you for your time.
