GUIDE · UPDATED NOVEMBER 2026
What Documents Need to Be Notarized in Massachusetts?
What the law requires, what institutions expect, and which documents need witnesses instead of a notary.
Which documents need to be notarized in Massachusetts?
A document needs to be notarized when a law, a recording office or the institution receiving it requires it. In Massachusetts, deeds and other documents recorded at a registry of deeds must be acknowledged before a notary, and so must a power of attorney used to convey real estate. Affidavits are sworn before a notary, and many forms, from RMV affidavits to the federal child passport consent, require notarization. Wills and health care proxies need witnesses rather than a notary, and Form I-9 is never notarized. When a bank, court, school or foreign authority asks for notarization, follow its instructions.
Key points
- Real estate documents must be notarized to be recorded.
- Wills and health care proxies need witnesses, not a notary.
- Many institutions require notarization even when the law does not.
- Documents going abroad are usually notarized and then apostilled.
Common Massachusetts documents
| Document | Notarization in Massachusetts |
|---|---|
| Deeds and other instruments recorded at the registry of deeds | Required for recording: the signature must be acknowledged (c. 183, § 29) |
| Power of attorney used for real estate | Required: acknowledged and recorded like a deed (c. 183, § 32) |
| Durable power of attorney (financial) | Not required by statute, but banks and institutions usually expect it |
| Affidavits and sworn statements | Usually yes: sworn before a notary (a jurat) |
| Self-proving affidavit for a will | Optional but common; it makes probate simpler |
| Will | Not required; needs two witnesses |
| Health care proxy | Not required; needs two adult witnesses |
| Child passport consent (DS-3053) | Required by the U.S. Department of State |
| RMV affidavits (correction, repossession) | Required |
| 6(d) condominium certificate | Acknowledged for recording |
| Documents for use abroad | Usually notarized first, then apostilled or legalized |
| Form I-9 | Never notarized |
Required by law vs. required by the recipient
Some notarizations are required by statute, such as acknowledgments for recorded real estate documents. Others are required by the organization that will rely on the document: a bank accepting a power of attorney, a court accepting an affidavit, a school or employer, or a foreign government. Either way, the notarization must be done correctly. Read the recipient's instructions, and check whether it wants an acknowledgment or a jurat. See acknowledgment vs. jurat.
Documents that need witnesses
Massachusetts wills require two witnesses, and health care proxies require two adult witnesses. Many wills also include a self-proving affidavit, which the testator and witnesses sign before a notary. See Massachusetts witness requirements and does a will need to be notarized?
Not sure what your document needs?
Send it to us with the recipient's instructions, and we will take it from there.
Documents that cannot be notarized
- Public records. A notary cannot certify a copy of a birth, marriage or death certificate. Get a certified copy from the issuing office. See can you notarize a birth certificate?
- Incomplete documents. Fill in every blank before the appointment.
- Documents for a notary's own family or interest. See can a notary notarize for family members?
Documents headed abroad
Most private documents used in another country, such as powers of attorney, affidavits and corporate documents, are notarized in Massachusetts and then apostilled by the Secretary of the Commonwealth. See apostille vs. notarization and how to get an apostille in Massachusetts.
How we help
Not sure whether your document needs a notary? Send it to us with the recipient's instructions. We come to you anywhere in Boston and across Massachusetts and handle the apostille for documents going abroad.
Sources
- M.G.L. c. 183, § 29: acknowledgment required for recording
- M.G.L. c. 183, § 32: powers of attorney for real estate
- M.G.L. c. 201D, § 2: health care proxy
- U.S. Department of State: Form DS-3053
Requirements can change. Always follow the current instructions from the Commonwealth.
Frequently asked questions
What documents must be notarized in Massachusetts?
Deeds and other documents recorded at a registry of deeds, powers of attorney used for real estate, affidavits, and forms such as RMV affidavits and the DS-3053 child passport consent.
Does a will need to be notarized in Massachusetts?
No. A will needs two witnesses. Many wills include an optional self-proving affidavit, which is notarized.
Does a power of attorney need to be notarized?
Not for basic validity, but banks usually expect it, and it is required when the power of attorney is used for real estate.
Does a health care proxy need to be notarized?
No. It needs two adult witnesses.
Does a lease need to be notarized in Massachusetts?
Generally no, unless the landlord or a recording requirement calls for it, such as a long-term lease being recorded.
Do I-9 forms need to be notarized?
No. Form I-9 is never notarized.
Not sure what your document needs?
Send it to us with the recipient's instructions, and we will take it from there.