Indiana Name Change- Anyone with Experience?

Hey all, I am an Indiana notary. Tomorrow I have a signing with a woman who was recently married and name is different than her current Drivers License. She has ordered a new one, but does not know if it will arrive on time. The way I read Indiana state law, the signer must have a state issue ID with photo that matches current name. In other words and active driver’s license with the old name + marriage certificate is not sufficient. It does appear that I can ask her to bring a witness with valid ID who can confirm who she is, so long as that witness does not have a financial interest in the transaction (like her husband).

Can anyone in Indiana or elsewhere if that law is pretty universal confirm that is how it works?

Does Indiana not give out a printed version of her id since they mail the hard copies? Tennessee does the same with driver’s license. They mail them to you, but they give you an 8.5 x 11 print out that has the front of your new id printed on it. That document here is legal to use for identification and notarizations.

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Thanks. This is never very black and white. Signer does have a temporary license, however, I do not see anything about that on the Indiana laws and regulations. Furthermore the NNA website here- Determine if ID is Acceptable for Notarization | NNA lists temporary drivers license under “unacceptable form of id”

Check with your Secretary of State or county Clerk. Whoever is over the notary laws and procedures. Here we call the county clerk with questions like that. A while back Tennessee used to allow people over 65 to remove their picture from their driver’s license. I had a lady the other week that still has hers. I had to call the county clerk’s office to see if she could use that without a picture. They told me yes, because the law at the time allowed her to remove it from her DL. That law has been changed and once her’s expires she will be required to have a picture on it.

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I called. They asked if I checked the guidelines. I said I did, and they say nothing about a temporary license. They said “it is the notary’s job to know” to which I said, “how can I know if it is not in the guidelines”. They escalated it and said someone will get back to me in 1-3 business days :person_facepalming:

Anyone else in Indiana deal with this? I am leaning towards temporary being fine based on this:

 “(A) The individual’s passport.
 “(B) The individual’s driver’s license.
 “(C) The individual’s government issued identification card.
 “(D) A credential that: 
      “(i) is not described in clauses (A) through (C);
      “(ii) is government issued; and
      “(iii) contains a photograph of the individual” (IC 33-42-9-4\[b\]\[1\]).

It is a license but even if you say it is different because it is temporary, it still is government issued and contains a photograph of the individual.

If they can use it to drive and to be identified by the police, not sure why they can’t use it for a notarization, but every state is different. If you are in doubt I would not proceed.

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Thank you, I appreciate the feedback

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That’s weird isn’t it? Remove your pic from your ID. Hmmm.

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Be careful here - depending on the transaction (you don’t say if it’s a loan signing or what) he MAY have an interest in it (real estate transaction, will, trust, POA, etc etc) by laws of descent.

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Thanks Linda. Sorry that was unclear. Someone how does not have a financial interest (like her husband would have a financial interest). So yes, I am tracking with you

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Yep, but it was allowed for people over 65 at one time.

@Diesel3985 – In California, the ID must be a government-issued photo ID (i.e. driver’s license or passport). In California, the temporary driver’s license (usually) does not have a photo; therefore, it may not be used for ID – at least for our purposes.

In your case and given the screenshot you provided –
"(D) A credential that:
“(iii) contains a photograph of the individual”.
I’d interpret that clause to say you can use the temp license provided it has a photo.

jmpo

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Thank you all. I called the state and they had to get back to me. I just got an email saying a temporary drivers license is state issued and acceptable. I asked the signer and it does have a photo so I should be good to go! I always appreciate the help and support on this forum :slight_smile:

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Our rule of thumb is one picture ID (not necessarily drivers license) and another that doesn’t necessarily have to have a picture but cannot be a credit card. Membership card, insurance card, etc. Just to tie the name together. I would accept the temporary if there is a picture.

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In Washington the old ID with the renewed paperwork is accepted as current ID. For those who renew online.