Do Lien Waivers Need to Be Notarized? A State-by-State Guide
In most states, no. Only Wyoming and Mississippi legally require notarization on lien waivers. But custom and local practice complicate the answer. Some title companies demand notarization even where state law doesn't require it. And in California, adding a notary block to a statutory lien waiver can actually invalidate the form.
Here's what you need to know before you drive to a UPS Store looking for a notary.
States That Require Notarization by Law
Only two states have statutes that require notarized lien waivers.
Wyoming: Wyo. Stat. § 29-10-101 requires all lien waivers to be notarized. The statute prescribes exact form language and includes a notary block in the statutory form. If you're working on a Wyoming project, you need a notary.
Mississippi: Miss. Code §§ 85-7-419 and 85-7-433 require notarization on both waiver types (interim and final). The notarization uses a jurat format ("sworn to and subscribed before me"), which is stricter than a standard acknowledgment.
That's it. Every other state either doesn't require notarization or has no statutory lien waiver form at all.
States Where Notarization Is Common but Not Required
New York has no statutory lien waiver form and no legal requirement for notarization. But title insurance companies in New York commonly require notarized waivers before issuing a policy. If you're working on a New York construction project, expect the GC or title company to ask for a notary. It's not the law, but it's the custom.
Other states where local practice sometimes adds notarization:
- Ohio: Some title companies request it, though state law doesn't require it
- Pennsylvania: Custom varies by region and project type
- Illinois: No statutory requirement, but commercial projects sometimes request it
If a GC or title company asks you to notarize a waiver in a non-statutory state, you can ask why. But in practice, if they're paying you and they want a notary, it's easier to comply than to argue.
The California Exception: Notarization May Invalidate Statutory Forms
California has the most restrictive lien waiver law in the country. California Civil Code §§ 8132-8138 prescribe exact form language for all four waiver types. The statute says these forms are the only enforceable lien waivers in California.
Adding language to a California statutory form (including a notary block) deviates from the prescribed format. Courts could treat the modified form as invalid. California Civil Code § 8136 explicitly states that any changes to the statutory form "may make the waiver unenforceable."
California also penalizes contractors who request non-statutory forms. If a GC demands a custom lien waiver form from a sub, the GC can face fines of $100 to $1,000 per violation.
Michigan has a similar concern. MCL § 570.1115 prescribes statutory forms for Michigan lien waivers. The statute doesn't include a notary block, so adding one could be seen as modifying the form. Michigan case law on this point is thin, but contractors should use the statutory form as written.
For California and Michigan projects, don't add a notary block. Use the statutory form exactly as the statute prescribes.
Texas: The 2021 Rule Change
Texas Property Code § 53.284 required notarization on all lien waivers until House Bill 1118 took effect on January 1, 2022. Since that date, Texas lien waivers no longer need a notary.
But many contractors still use old forms with notary blocks. If you're working on a Texas project and the GC sends you a form with a notarization section, that's an outdated template. You can comply with the old form (notarization is optional, not prohibited), or you can use the updated statutory form without a notary.
The Texas lien waiver forms on LienWaiver.pro use the current statutory language without notarization.
Full State-by-State Reference Table
Here's the breakdown for all 50 states:
| State | Notarization Required? | Notes |
|---|---|---|
| Alabama | Not required | No statutory form |
| Alaska | Not required | No statutory form |
| Arizona | Not required | Statutory form; notary not included |
| Arkansas | Not required | No statutory form |
| California | May invalidate | Statutory forms; adding notary deviates from statute |
| Colorado | Not required | No statutory form |
| Connecticut | Not required | No statutory form |
| Delaware | Not required | No statutory form |
| Florida | Not required | Statutory form; notary not included |
| Georgia | Witness recommended, not notary | O.C.G.A. § 44-14-366 includes witness provision (directory, not mandatory) |
| Hawaii | Not required | No statutory form |
| Idaho | Not required | No statutory form |
| Illinois | Not required | No statutory form |
| Indiana | Not required | No statutory form |
| Iowa | Not required | No statutory form |
| Kansas | Not required | No statutory form |
| Kentucky | Not required | No statutory form |
| Louisiana | Not required | No statutory form |
| Maine | Not required | No statutory form |
| Maryland | Not required | No statutory form |
| Massachusetts | Not required | Statutory form; notary not included |
| Michigan | May invalidate | Statutory forms; adding notary deviates from statute |
| Minnesota | Not required | No statutory form |
| Mississippi | Required | Miss. Code §§ 85-7-419, 85-7-433; jurat format |
| Missouri | Not required | Statutory form; notary not included |
| Montana | Not required | No statutory form |
| Nebraska | Not required | No statutory form |
| Nevada | Not required | Statutory form; notary not included |
| New Hampshire | Not required | No statutory form |
| New Jersey | Not required | No statutory form |
| New Mexico | Not required | No statutory form |
| New York | Custom/practice | No statute; title companies often require it |
| North Carolina | Not required | No statutory form |
| North Dakota | Not required | No statutory form |
| Ohio | Not required | No statutory form; some title companies request it |
| Oklahoma | Not required | No statutory form |
| Oregon | Not required | No statutory form |
| Pennsylvania | Not required | No statutory form |
| Rhode Island | Not required | No statutory form |
| South Carolina | Not required | No statutory form |
| South Dakota | Not required | No statutory form |
| Tennessee | Not required | No statutory form |
| Texas | Not required (as of 2022) | Tex. Prop. Code § 53.284; old forms may include notary |
| Utah | Not required | Statutory form; notary not included |
| Vermont | Not required | No statutory form |
| Virginia | Not required | No statutory form |
| Washington | Not required | No statutory form |
| West Virginia | Not required | No statutory form |
| Wisconsin | Not required | No statutory form |
| Wyoming | Required | Wyo. Stat. § 29-10-101; all waivers must be notarized |
Georgia's Witness Requirement
Georgia is worth a separate note. O.C.G.A. § 44-14-366 includes a witness provision in the statutory form, but the witness requirement is directory (recommended, not mandatory). A waiver signed without a witness is still valid. Having a witness adds an extra layer of authentication but is not a compliance requirement.
If a GC or title company requests a witness, it's easy to comply. Any adult who's not a party to the transaction can serve as a witness.
When in Doubt, Ask Before You Sign
If you're not sure whether your project requires notarization, ask the GC or the title company before you sign. It's easier to add a notary upfront than to redo the paperwork later.
For statutory states, use the form exactly as the statute prescribes. Don't add language, don't remove language, and don't add a notary block unless the statute includes one. For a full breakdown of which states have statutory forms, see our guide to 12 states with statutory lien waiver forms. For help completing your waiver form, check our guide on how to fill out a lien waiver form.
LienWaiver.pro handles notarization requirements automatically. When you generate a waiver, the tool checks your state and waiver type, then includes notary language only where required. For Wyoming and Mississippi projects, you'll get a form with a notary block. For California and Michigan, you won't.
Frequently Asked Questions
Can I notarize a lien waiver even if my state doesn't require it?
Yes. Notarization is optional in most states. If the GC or title company requests it, you can comply. The exception is California and Michigan, where adding notarization to a statutory form may invalidate it.
What happens if I don't notarize a waiver in Wyoming or Mississippi?
The waiver is unenforceable. Wyoming statute Wyo. Stat. § 29-10-101 and Mississippi statute Miss. Code §§ 85-7-419 and 85-7-433 both require notarization. If you skip the notary, the GC can't rely on the waiver to release your lien rights. In practice, the GC won't accept the form.
How much does it cost to notarize a lien waiver?
Notary fees vary by state. Typical range is $5 to $15 per signature. Some banks offer free notary service to account holders. UPS Stores, FedEx locations, and mail centers also provide notary services.
Can I use an electronic notary for a lien waiver?
It depends on the state. Most states now allow remote online notarization (RON), but some require in-person notarization for real estate documents. Check your state's notary laws or ask the GC if they'll accept an electronic notary.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Lien waiver laws vary by state and change over time. Consult an attorney in your jurisdiction for specific guidance on your project.