Texas Notary Public Practice Exam (2026 Edition) Questions
with Answers & Rationales Newest 2026 | INSTANT PDF
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Section 1: Notary Public Law and Regulations (Questions 1-30)
1 A notary public is asked to notarize a deed of trust for a corporation. The signer presents a corporate resolution
authorizing the transaction but is not listed as an officer in the resolution. The notary knows the signer
personally. Under Texas Government Code §406.016, which action is most consistent with the notary's duties?
A) Proceed with notarization because the notary personally knows the signer, satisfying identification
requirements.
B) Refuse to notarize because the signer lacks apparent authority under the corporate resolution.
C) Notarize only if the signer provides a notarized affidavit from the corporation's secretary confirming
authority.
D) Contact the Secretary of State's Notary Public Unit for guidance before proceeding.
Answer: B
Rationale: A notary must ensure the signer is acting in a representative capacity with actual authority. The corporate
resolution is the governing document; if the signer is not named, the notary lacks evidence of authority. Refusal is
required to avoid facilitating unauthorized acts. Personal knowledge of identity does not substitute for authority
verification.
2 A notary public is commissioned in Texas but resides in Oklahoma and works remotely for a Texas-based
company. The notary's principal place of business is a virtual office in Dallas. Which statement best describes
the validity of notarizations performed by this notary?
A) All notarizations are valid because the notary holds a Texas commission and the employer is Texas-based.
B) Notarizations are valid only if performed within Texas's geographical boundaries.
C) Notarizations are void because the notary does not maintain a physical office in Texas as required by rule.
D) Notarizations are valid only for documents that will be recorded in Texas.
Answer: B
Rationale: Texas Government Code §406.010 requires notarial acts to be performed within the state. A notary
residing outside Texas but commissioned in Texas must physically be in Texas when performing notarizations. The
location of the employer or virtual office does not extend jurisdictional authority.
3 A notary is reviewing a document that contains a jurat. The signer states, 'I already swore to this under oath
yesterday, so I just need you to notarize my signature today.' Which action is most appropriate?
A) Notarize the signature as a jurat because the oath was previously administered by another notary.
B) Perform an acknowledgment instead of a jurat since the oath was already given.
C) Administer a new oath or affirmation before notarizing the signature as a jurat.
D) Notarize the signature as a jurat without a new oath if the signer confirms the previous oath.
Answer: C
Rationale: A jurat requires the signer to swear or affirm the truth of the document's contents in the notary's presence
at the time of notarization. A prior oath does not satisfy this requirement. The notary must administer a new oath or
affirmation before completing the jurat. An acknowledgment is not appropriate because the document is sworn.
,4 A notary is asked to notarize a will for a terminally ill client. The client is lucid but physically unable to sign
due to paralysis. The client directs the notary to sign the client's name on the will. Under Texas law, which is
correct?
A) The notary may sign the client's name as a notarial act if two witnesses are present.
B) The notary may sign the client's name only if the client makes a mark in the notary's presence.
C) The notary may not sign the client's name; the client must sign or make a mark with assistance.
D) The notary may sign the client's name if the client acknowledges the signature is authorized.
Answer: C
Rationale: Texas Government Code §406.014 requires the signer to personally sign or make a mark in the notary's
presence. The notary cannot sign on behalf of the signer. If the signer cannot sign, they may make a mark, but the
notary cannot substitute their own signature for the signer's. An acknowledgment of a signature is not applicable
here.
5 A notary public's commission expires on June 1. On May 30, the notary performs a notarization for a client. The
notary's bond and oath of office were filed with the county clerk on May 15 of the same year. Which statement
is true regarding the validity of this notarization?
A) The notarization is invalid because the bond and oath were not filed at least 30 days before the notarization.
B) The notarization is valid because the commission was still in effect and the bond/oath were timely filed.
C) The notarization is voidable if the notary fails to renew the commission within 30 days after expiration.
D) The notarization is invalid because the bond must be filed before the commission begins, not during the term.
Answer: B
Rationale: A notary's authority runs with the commission dates. The bond and oath must be filed with the county
clerk within a reasonable time after appointment, but there is no statutory requirement that they be filed before
performing notarizations. As long as the commission is active and the bond/oath are on file, the notarization is
valid.
6 A notary is asked to take an acknowledgment for a deed that includes a legal description of property. The signer
is present but refuses to verbally acknowledge signing the deed voluntarily, stating, 'I just need you to stamp it.'
Which is the notary's best course of action?
A) Complete the acknowledgment because the signer's presence and signature are sufficient.
B) Refuse to perform the acknowledgment because the signer must verbally acknowledge the execution.
C) Perform a jurat instead, since the signer is present and the document is signed.
D) Notarize the signature as a witness signature, then complete a separate acknowledgment.
Answer: B
Rationale: An acknowledgment requires the signer to personally appear and acknowledge that they executed the
document voluntarily. A notary cannot rely solely on the signer's presence and signature; a verbal acknowledgment
is necessary. Refusal is required until the signer provides the acknowledgment. A jurat is not interchangeable
because it requires an oath.
7 A notary public is also a licensed real estate agent. A client requests notarization of a deed and offers to pay the
notary's standard fee of $10. The notary also expects to earn a commission from the sale of the property. Under
Texas law, which statement is correct?
A) The notary may charge the $10 fee but must disclose the real estate commission to the client.
B) The notary may not charge any fee because the notary has a financial interest in the transaction.
C) The notary may charge the $10 fee and accept the commission without disclosure because both are lawful.
D) The notary may not perform the notarization because the financial interest creates a prohibited conflict of
interest.
,Answer: D
Rationale: Texas Government Code §406.052 prohibits a notary from performing a notarial act if the notary has a
financial interest in the transaction. The real estate commission is a financial interest that disqualifies the notary,
regardless of the nominal notary fee. Disclosure does not cure the conflict. The notary must decline the
notarization.
8 A notary public is asked to notarize a power of attorney for a foreign national who presents a valid passport
issued by a non-English-speaking country. The notary does not understand the language of the passport. Which
identification method is acceptable?
A) The notary may rely on the passport if it appears genuine, even without understanding the language.
B) The notary must obtain a certified translation of the passport before accepting it as identification.
C) The notary may accept the passport only if the signer provides a credible witness who vouches for identity.
D) The notary must refuse the passport because it is not in English and cannot be verified.
Answer: A
Rationale: Texas Government Code §406.015 permits identification by a current passport issued by a foreign
government. There is no requirement that the notary understand the language. The notary must examine the
passport for signs of alteration or forgery. If it appears genuine, it is acceptable. A credible witness is an alternative,
not a requirement.
9 A notary public maintains a journal with entries that include the date, type of notarization, signer's name, and
signature. The notary is served with a subpoena duces tecum for the journal in a civil lawsuit. Which statement
best describes the notary's obligation?
A) The notary must comply with the subpoena because the journal is a public record.
B) The notary may refuse to produce the journal unless the signer consents in writing.
C) The notary must produce the journal but may redact personal information not relevant to the lawsuit.
D) The notary must comply with the subpoena, but only after obtaining a court order specifically authorizing
inspection.
Answer: A
Rationale: Texas Government Code §406.014 requires notaries to keep a journal of all notarial acts, and the journal
is considered a public record. Subpoenas duces tecum must be honored; there is no statutory privilege protecting
the journal from disclosure. Consent of the signer is not required. Redaction is not authorized unless ordered by the
court.
10 A notary public is using an electronic notarization platform. The signer appears via two-way audio-video
communication. The platform's identity verification uses knowledge-based authentication (KBA) questions.
After the session, the notary learns that the signer's identity was fraudulently obtained. Which statement is
correct regarding the notary's liability?
A) The notary is immune from liability because the platform's KBA process is government-approved.
B) The notary may be liable if the KBA process did not meet the standards required by Texas Administrative
Code.
C) The notary is liable only if the notary failed to personally know the signer or obtain a credible witness.
D) The notary is strictly liable for any fraudulent notarization performed remotely.
Answer: B
Rationale: Texas Administrative Code Title 1, §87.42 requires remote notarization identity proofing to meet specific
standards, including KBA with a minimum number of questions and a passing threshold. If the platform's KBA
was insufficient, the notary may be liable for failing to comply with the rules. Personal knowledge or credible
witness is not required if the statutory remote process is followed correctly.
, 11 A Texas notary public, while performing a notarization for a deed of trust, learns that the signer is currently
under an active guardianship due to mental incapacity, as evidenced by a court order. The notary proceeds with
the notarization after the guardian verbally consents. Under Texas Government Code Chapter 406, which of the
following best describes the legal status of this notarization?
A) Valid, because the guardian provided verbal consent, which satisfies the requirement for a legally authorized
representative.
B) Voidable, because the notary should have obtained written consent from the guardian and documented it in the
notarial certificate.
C) Void, because the signer lacked the mental capacity to understand the transaction at the time of notarization,
and verbal consent by a guardian does not cure the defect.
D) Valid, because the notary is not required to assess the signer's mental capacity; that duty falls solely on the
attorney drafting the deed.
Answer: C
Rationale: Under Texas law, a notarization is void if the signer lacks mental capacity to understand the transaction.
The notary must personally know or have satisfactory evidence that the signer is capable. Verbal consent by a
guardian does not substitute for the signer's own capacity. Options A and D incorrectly suggest that capacity is
irrelevant or that guardian consent suffices. Option B misstates the defect as merely procedural.
12 A Texas notary public is asked to notarize a document that the signer claims is a power of attorney. Upon
review, the notary notices that the document lacks the required notarial certificate and the signer's name is
misspelled. The signer insists the notary can simply correct the errors. Which of the following actions is most
consistent with the Texas Notary Public Act?
A) Correct the misspelling and add a notarial certificate, as the notary has the authority to modify documents to
ensure proper notarization.
B) Refuse to notarize because the document is incomplete and contains errors that the notary is not authorized to
correct.
C) Notarize the document as is, since the notary's role is only to verify the signer's identity and administer the
oath.
D) Complete a separate notarial certificate on a loose-leaf paper and attach it to the document.
Answer: B
Rationale: Texas notaries are prohibited from altering a document after it has been signed. The notary must refuse
notarization if the document is incomplete or contains errors that would affect the notarization. Option A is
incorrect because notaries cannot make substantive corrections. Option C ignores the requirement for a proper
notarial certificate. Option D is permissible only if expressly allowed by law, but generally the certificate must be
part of the document.
13 A Texas notary public is subpoenaed to testify about a notarization performed six months ago. The notary's
journal entry contains the signer's name, type of identification, and date. However, the journal does not include
the signer's address or the document type. Under Texas law, which statement best describes the notary's
obligation regarding the journal?
A) The journal is admissible as evidence, but the missing information may subject the notary to a civil penalty
for incomplete recordkeeping.
B) The journal is inadmissible because it fails to include all required elements, so the notary must testify from
memory alone.
C) The journal satisfies the minimum requirements, and the notary has no duty to record the document type or
address.
D) The notary must produce the journal, but may redact the signer's address if the signer requests privacy.
with Answers & Rationales Newest 2026 | INSTANT PDF
DOWNLOAD. — 290 Questions
Section 1: Notary Public Law and Regulations (Questions 1-30)
1 A notary public is asked to notarize a deed of trust for a corporation. The signer presents a corporate resolution
authorizing the transaction but is not listed as an officer in the resolution. The notary knows the signer
personally. Under Texas Government Code §406.016, which action is most consistent with the notary's duties?
A) Proceed with notarization because the notary personally knows the signer, satisfying identification
requirements.
B) Refuse to notarize because the signer lacks apparent authority under the corporate resolution.
C) Notarize only if the signer provides a notarized affidavit from the corporation's secretary confirming
authority.
D) Contact the Secretary of State's Notary Public Unit for guidance before proceeding.
Answer: B
Rationale: A notary must ensure the signer is acting in a representative capacity with actual authority. The corporate
resolution is the governing document; if the signer is not named, the notary lacks evidence of authority. Refusal is
required to avoid facilitating unauthorized acts. Personal knowledge of identity does not substitute for authority
verification.
2 A notary public is commissioned in Texas but resides in Oklahoma and works remotely for a Texas-based
company. The notary's principal place of business is a virtual office in Dallas. Which statement best describes
the validity of notarizations performed by this notary?
A) All notarizations are valid because the notary holds a Texas commission and the employer is Texas-based.
B) Notarizations are valid only if performed within Texas's geographical boundaries.
C) Notarizations are void because the notary does not maintain a physical office in Texas as required by rule.
D) Notarizations are valid only for documents that will be recorded in Texas.
Answer: B
Rationale: Texas Government Code §406.010 requires notarial acts to be performed within the state. A notary
residing outside Texas but commissioned in Texas must physically be in Texas when performing notarizations. The
location of the employer or virtual office does not extend jurisdictional authority.
3 A notary is reviewing a document that contains a jurat. The signer states, 'I already swore to this under oath
yesterday, so I just need you to notarize my signature today.' Which action is most appropriate?
A) Notarize the signature as a jurat because the oath was previously administered by another notary.
B) Perform an acknowledgment instead of a jurat since the oath was already given.
C) Administer a new oath or affirmation before notarizing the signature as a jurat.
D) Notarize the signature as a jurat without a new oath if the signer confirms the previous oath.
Answer: C
Rationale: A jurat requires the signer to swear or affirm the truth of the document's contents in the notary's presence
at the time of notarization. A prior oath does not satisfy this requirement. The notary must administer a new oath or
affirmation before completing the jurat. An acknowledgment is not appropriate because the document is sworn.
,4 A notary is asked to notarize a will for a terminally ill client. The client is lucid but physically unable to sign
due to paralysis. The client directs the notary to sign the client's name on the will. Under Texas law, which is
correct?
A) The notary may sign the client's name as a notarial act if two witnesses are present.
B) The notary may sign the client's name only if the client makes a mark in the notary's presence.
C) The notary may not sign the client's name; the client must sign or make a mark with assistance.
D) The notary may sign the client's name if the client acknowledges the signature is authorized.
Answer: C
Rationale: Texas Government Code §406.014 requires the signer to personally sign or make a mark in the notary's
presence. The notary cannot sign on behalf of the signer. If the signer cannot sign, they may make a mark, but the
notary cannot substitute their own signature for the signer's. An acknowledgment of a signature is not applicable
here.
5 A notary public's commission expires on June 1. On May 30, the notary performs a notarization for a client. The
notary's bond and oath of office were filed with the county clerk on May 15 of the same year. Which statement
is true regarding the validity of this notarization?
A) The notarization is invalid because the bond and oath were not filed at least 30 days before the notarization.
B) The notarization is valid because the commission was still in effect and the bond/oath were timely filed.
C) The notarization is voidable if the notary fails to renew the commission within 30 days after expiration.
D) The notarization is invalid because the bond must be filed before the commission begins, not during the term.
Answer: B
Rationale: A notary's authority runs with the commission dates. The bond and oath must be filed with the county
clerk within a reasonable time after appointment, but there is no statutory requirement that they be filed before
performing notarizations. As long as the commission is active and the bond/oath are on file, the notarization is
valid.
6 A notary is asked to take an acknowledgment for a deed that includes a legal description of property. The signer
is present but refuses to verbally acknowledge signing the deed voluntarily, stating, 'I just need you to stamp it.'
Which is the notary's best course of action?
A) Complete the acknowledgment because the signer's presence and signature are sufficient.
B) Refuse to perform the acknowledgment because the signer must verbally acknowledge the execution.
C) Perform a jurat instead, since the signer is present and the document is signed.
D) Notarize the signature as a witness signature, then complete a separate acknowledgment.
Answer: B
Rationale: An acknowledgment requires the signer to personally appear and acknowledge that they executed the
document voluntarily. A notary cannot rely solely on the signer's presence and signature; a verbal acknowledgment
is necessary. Refusal is required until the signer provides the acknowledgment. A jurat is not interchangeable
because it requires an oath.
7 A notary public is also a licensed real estate agent. A client requests notarization of a deed and offers to pay the
notary's standard fee of $10. The notary also expects to earn a commission from the sale of the property. Under
Texas law, which statement is correct?
A) The notary may charge the $10 fee but must disclose the real estate commission to the client.
B) The notary may not charge any fee because the notary has a financial interest in the transaction.
C) The notary may charge the $10 fee and accept the commission without disclosure because both are lawful.
D) The notary may not perform the notarization because the financial interest creates a prohibited conflict of
interest.
,Answer: D
Rationale: Texas Government Code §406.052 prohibits a notary from performing a notarial act if the notary has a
financial interest in the transaction. The real estate commission is a financial interest that disqualifies the notary,
regardless of the nominal notary fee. Disclosure does not cure the conflict. The notary must decline the
notarization.
8 A notary public is asked to notarize a power of attorney for a foreign national who presents a valid passport
issued by a non-English-speaking country. The notary does not understand the language of the passport. Which
identification method is acceptable?
A) The notary may rely on the passport if it appears genuine, even without understanding the language.
B) The notary must obtain a certified translation of the passport before accepting it as identification.
C) The notary may accept the passport only if the signer provides a credible witness who vouches for identity.
D) The notary must refuse the passport because it is not in English and cannot be verified.
Answer: A
Rationale: Texas Government Code §406.015 permits identification by a current passport issued by a foreign
government. There is no requirement that the notary understand the language. The notary must examine the
passport for signs of alteration or forgery. If it appears genuine, it is acceptable. A credible witness is an alternative,
not a requirement.
9 A notary public maintains a journal with entries that include the date, type of notarization, signer's name, and
signature. The notary is served with a subpoena duces tecum for the journal in a civil lawsuit. Which statement
best describes the notary's obligation?
A) The notary must comply with the subpoena because the journal is a public record.
B) The notary may refuse to produce the journal unless the signer consents in writing.
C) The notary must produce the journal but may redact personal information not relevant to the lawsuit.
D) The notary must comply with the subpoena, but only after obtaining a court order specifically authorizing
inspection.
Answer: A
Rationale: Texas Government Code §406.014 requires notaries to keep a journal of all notarial acts, and the journal
is considered a public record. Subpoenas duces tecum must be honored; there is no statutory privilege protecting
the journal from disclosure. Consent of the signer is not required. Redaction is not authorized unless ordered by the
court.
10 A notary public is using an electronic notarization platform. The signer appears via two-way audio-video
communication. The platform's identity verification uses knowledge-based authentication (KBA) questions.
After the session, the notary learns that the signer's identity was fraudulently obtained. Which statement is
correct regarding the notary's liability?
A) The notary is immune from liability because the platform's KBA process is government-approved.
B) The notary may be liable if the KBA process did not meet the standards required by Texas Administrative
Code.
C) The notary is liable only if the notary failed to personally know the signer or obtain a credible witness.
D) The notary is strictly liable for any fraudulent notarization performed remotely.
Answer: B
Rationale: Texas Administrative Code Title 1, §87.42 requires remote notarization identity proofing to meet specific
standards, including KBA with a minimum number of questions and a passing threshold. If the platform's KBA
was insufficient, the notary may be liable for failing to comply with the rules. Personal knowledge or credible
witness is not required if the statutory remote process is followed correctly.
, 11 A Texas notary public, while performing a notarization for a deed of trust, learns that the signer is currently
under an active guardianship due to mental incapacity, as evidenced by a court order. The notary proceeds with
the notarization after the guardian verbally consents. Under Texas Government Code Chapter 406, which of the
following best describes the legal status of this notarization?
A) Valid, because the guardian provided verbal consent, which satisfies the requirement for a legally authorized
representative.
B) Voidable, because the notary should have obtained written consent from the guardian and documented it in the
notarial certificate.
C) Void, because the signer lacked the mental capacity to understand the transaction at the time of notarization,
and verbal consent by a guardian does not cure the defect.
D) Valid, because the notary is not required to assess the signer's mental capacity; that duty falls solely on the
attorney drafting the deed.
Answer: C
Rationale: Under Texas law, a notarization is void if the signer lacks mental capacity to understand the transaction.
The notary must personally know or have satisfactory evidence that the signer is capable. Verbal consent by a
guardian does not substitute for the signer's own capacity. Options A and D incorrectly suggest that capacity is
irrelevant or that guardian consent suffices. Option B misstates the defect as merely procedural.
12 A Texas notary public is asked to notarize a document that the signer claims is a power of attorney. Upon
review, the notary notices that the document lacks the required notarial certificate and the signer's name is
misspelled. The signer insists the notary can simply correct the errors. Which of the following actions is most
consistent with the Texas Notary Public Act?
A) Correct the misspelling and add a notarial certificate, as the notary has the authority to modify documents to
ensure proper notarization.
B) Refuse to notarize because the document is incomplete and contains errors that the notary is not authorized to
correct.
C) Notarize the document as is, since the notary's role is only to verify the signer's identity and administer the
oath.
D) Complete a separate notarial certificate on a loose-leaf paper and attach it to the document.
Answer: B
Rationale: Texas notaries are prohibited from altering a document after it has been signed. The notary must refuse
notarization if the document is incomplete or contains errors that would affect the notarization. Option A is
incorrect because notaries cannot make substantive corrections. Option C ignores the requirement for a proper
notarial certificate. Option D is permissible only if expressly allowed by law, but generally the certificate must be
part of the document.
13 A Texas notary public is subpoenaed to testify about a notarization performed six months ago. The notary's
journal entry contains the signer's name, type of identification, and date. However, the journal does not include
the signer's address or the document type. Under Texas law, which statement best describes the notary's
obligation regarding the journal?
A) The journal is admissible as evidence, but the missing information may subject the notary to a civil penalty
for incomplete recordkeeping.
B) The journal is inadmissible because it fails to include all required elements, so the notary must testify from
memory alone.
C) The journal satisfies the minimum requirements, and the notary has no duty to record the document type or
address.
D) The notary must produce the journal, but may redact the signer's address if the signer requests privacy.
