Interpreter at signing

I received a call from a notary I’ve spoken to in the past. She wanted me to notarize a trust for her parents. It paid $125, so I said sure. I was surprised to meet the attorney at the home with the Doc’s he had written up. She, the attorney her parents and I were there. Her parents only spoke Spanish, and I do not. She Explained all the details to them. Neither her nor the attorney had an issue with it, but I thought, Is this, ok? I had read interpreters should not be used. However, this was their daughter. Also, all the doc’s had an acknowledgement attached to them. I’ve never done that before. Should I have walked away? Thanks.

@Jcarlson9 Hmmm . . . interestingly, there is a bulletin (dated several years ago) about a nearly identical scenario to the one you’ve specified.

Of course, you should Research the Notarial Handbook for your State to make an accurate determination as well as the statutes, laws, regulations, etc. of your State.

FYI: In some states, direct communication in the same language is a requirement.

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:swan:

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In California, the notary must be able to communicate DIRECTLY with the signers. Interpreters are not allowed. From the 2025 California Notary Handbook:

“Foreign Language
A notary public can notarize a signature on a document in a foreign language with which
the notary public is not familiar, since a notary public’s function only relates to the signature
and not the content of the document. The notary public should be able to identify the type
of document being notarized for entry in the notary public’s journal. If unable to identify the
type of document, the notary public must make an entry to that effect in the journal (e.g., “a
document in a foreign language”). The notary public should be mindful of the completeness of
the document and must not notarize the signature on the document if the document appears
to be incomplete. The notary public is responsible for completing the acknowledgment or jurat
form. When notarizing a signature on a document, a notary public must be able to communicate
with the customer for the signer either to swear to or affirm the contents of the affidavit or
to acknowledge the execution of the document. An interpreter should not be used, as vital
information could be lost in the translation. If a notary public is unable to communicate with a
customer, the customer should be referred to a notary public who speaks the customer’s language.”

Always, ALWAYS know your state’s notary laws. :slight_smile:

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In Washington State the law was changed to:
It is hereby declared to be the policy of this state to secure the rights, constitutional or otherwise, of persons who, because of a non-English-speaking cultural background, are unable to readily understand or communicate in the English language, and who consequently cannot be fully protected in legal proceedings unless qualified interpreters are available to assist them.

It is the intent of the legislature in the passage of this chapter to provide for the use and procedure for the appointment of such interpreters. Nothing in chapter 358, Laws of 1989 abridges the parties’ rights or obligations under other statutes or court rules or other law.

However an approved interpreter is someone recognized by the courts as an interpreter. Many times Mom and Dad signers want their kid to interpret and in these cases I usually call the hiring company and suggest they hire a bilingual notary because I don’t think it’s fair for Spanish speaking signers to not have someone who speaks Spanish to sign their loan documents.

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@yolicue Simply LOVE how you place “quotation marks” around your quotation & Cite your Source!

Awesome! :beach_with_umbrella:

:swan:

@Jcarlson9 In FL…per F.S. 117.107(6)

“(6) A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand”. Also, the certificate must always be in English.

Now I’d like to point out something here to all posters, especially newer posters…a friendly reminder. You see how OP has received 3 different answers from 3 different states? This is why we keep asking folks to please please please, let us know where you’re located so we can give you information specific to your state. Three responses here and OP may still not have an answer to his question.

Thank you…carry on.. :slight_smile:

This past year have encountered many more requests for signings where people do not speak English or documents are written in another language. Seattle and surrounding areas are very multicultural. My Notary friends at local UPS have also had same issue. Seattle has embassies representing many foreign speaking people. Majority of embassies have notaries, request call for appointments and usually don’t charge a fee. UPS and myself referring a lot of people to Seattle to assist with language barriers.

I always wonder why they send me when there are bilingual notaries in the area.

@Jcarlson9 Good Morning! :sunrise:

By any chance did my instructions (reference excerpt above about Reviewing your State law) provide you with concise & accurate guidance to locate the data you were seeking for use within your State?

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When you have a minute . . . please return & provide what you discovered for your State. Thank You :canoe:

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:swan:

Well. I have definitely made a mistake
. I suppose since the Interpreter was their daughter and a notary I felt like It wasn’t an issue. I was wrong. This will not happen again.

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Also. There were no Jurats. I didnt have to ask them any questions. I just observed them signing documents, after verifying there identity.

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Laws may vary in other states, but in California, I am allowed to notarize signatures as long as the acknowledgement is in state approved format, regardless of whether I can read or understand the contents of the document. Acknowledgements certify signatures only, and not the truthfullness of the document. Besides verifying ID’s, I must be reasonably assured that the SIGNERS understand the document they are signing. In your specific case I would have notarized with no problem.

@thenotariusgk please refer above to the response by @yolicue regarding CA law…she cites the portion of your handbook relevant to use of interpretors

What response? I cannot locate it.

Found it. But my response was about an acknowledgement not an affidavit. I stand by the contents of my reply which is in accordance with the CA notary handbook.

I would respectfully suggest you read your handbook again..it states, as yolicue said:

“When notarizing a signature on a document, a notary public must be able to communicate with the customer for the signer either to swear to or affirm the contents of the affidavit or to acknowledge the execution of the document. An interpreter should not be used, as vital information could be lost in the translation.”

And yes, I’m in Florida…but been around a bit and trust Yoli’s advice.

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You are certainly welcome to trust anyone else’s advice, but I am a practicing notary in California, and the original question was about an acknowledgement for which there are different standards than an affidavit. The pertinent quote from the 2025 copy Notary Workbook:Code Section 8205(a)(2).)ii Foreign Language Documents: A notary public can notarize a signature on a document written in a foreign language, whether or not they are familiar with the language, since a notary public’s function only relates to the signature and not the contents of the document. The rest of it is not relevant to the situation as presented.

@thenotariusgk from your own 2025 handbook and the quote above (and btw, yolicue is also a "practicing notary public in CA) .. guess you missed this section of her post:

“The notary public is responsible for completing the acknowledgment or jurat
form. When notarizing a signature on a document, a notary public must be able to communicate with the customer for the signer either to swear to or affirm the contents of the affidavit or to acknowledge the execution of the document. An interpreter should not be used, as vital information could be lost in the translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary public who speaks the customer’s language.”

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I believe things are getting a little befuddled here. Here’s my attempt at some clarity only insofar as a California notary is involved:

  1. Notary Public’s Responsibilities:
    "Notaries perform notarizations, or notarial acts, to deter fraud and establish that the signer understands the document they’re signing and that they’re a willing participant in the transaction.

There are two primary responsibilities of Notaries: 1) Validate the signer’s identity and 2) Confirm the signer’s willingness and awareness to sign the document or complete the transaction."
What is a Notary Public? | NNA

(all quotes below are from the 2025 California Notary Handbook)
2. Foreign Language
“Foreign Language
A notary public can notarize a signature on a document in a foreign language with which
the notary public is not familiar, since a notary public’s function only relates to the signature
and not the content of the document. The notary public should be able to identify the type
of document being notarized for entry in the notary public’s journal. If unable to identify the
type of document, the notary public must make an entry to that effect in the journal (e.g., “a
document in a foreign language”). The notary public should be mindful of the completeness of
the document and must not notarize the signature on the document if the document appears
to be incomplete. The notary public is responsible for completing the acknowledgment or jurat
form. When notarizing a signature on a document, a notary public must be able to communicate
with the customer for the signer either to swear to or affirm the contents of the affidavit or
to acknowledge the execution of the document. An interpreter should not be used, as vital
information could be lost in the translation. If a notary public is unable to communicate with a
customer, the customer should be referred to a notary public who speaks the customer’s language.”

  1. Two most used notary forms:
    a. Acknowledgment: “Acknowledgment
    The form most frequently completed by the notary public is the certificate of acknowledgment.
    The certificate of acknowledgment must be in the form set forth in Civil Code section 1189. In
    the certificate of acknowledgment, the notary public certifies:
    • That the signer personally appeared before the notary public on the date indicated in the
    county indicated;
    • To the identity of the signer; and
    • That the signer acknowledged executing the document.”
    b. Jurat: “Jurat
    The second form most frequently completed by a notary public is the jurat (Government Code
    section 8202). The jurat is identified by the wording “Subscribed and sworn to (or affirmed)”
    contained in the form. In the jurat, the notary public certifies:
    • That the signer personally appeared before the notary public on the date indicated and,
    in the county indicated;
    • That the signer signed the document in the presence of the notary public;
    • That the notary public administered the oath or affirmation*; and
    • To the identity of the signer.”

If the notary ONLY speaks English and if the signers ONLY speak a foreign language and an interpreter is not allowed, how can that notary communicate directly with those signers? How can that notary confirm the signers’ willingness and awareness to sign the document?

I bring up the subject of Acknowledgment and Jurat only because @thenotariusgk brings up “affidavit.” I believe thenotariusgk means to say Jurat rather than affidavit because a Jurat requires administering and oath/affirmation to signer(s) and, therefore, would require communicating with signer(s). Granted, an Affidavit usually requires a Jurat with an oath/affirmation. However, not always. In my 19 years of being a notary, there have been numerous times when I’ve encountered an Affidavit accompanied by an Acknowledgment. As a California notary, I am not allowed to determine which notarial certificate to use - that would be the unauthorized practice of law (UPL). That decision is up to the signer/hiring party/receiver of document.

In California, the law is clear: “An interpreter should not be used, as vital information could be lost in the translation.”

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It never amazes me when it comes to the things notaries do, then ask “did I do wrong”. I suggest you never use whoever trained you again. If in doubt, ask first, not after you have broken the law!