Two different situations
A signer who reads another language well but not English faces a language gap. A signer who has limited reading skills in any language faces a literacy gap. Both can still sign if they understand what they are doing. The approach differs slightly for each.
In either case, the notary does not explain the document's legal effect.
Make sure the signer has the content
The signer should ask for a translation, a plain summary from a trusted person, or an attorney's explanation before signing. The notary can suggest that, but should not translate or summarize in a way that could be mistaken for advice.
A signer who says they do not know what the document says and has no one to ask is a reason to pause.
If a signer does request an explanation from the notary, a kind and honest answer is that notaries are not allowed to interpret documents, and then point to translation and legal help options.
What the notary can confirm
The notary can confirm the signer's identity, that the signer says they want to sign, and that they appear to understand that this is a formal paper. A simple question, such as Do you know what kind of document this is? gets useful information.
If the signer can only say that someone told them to sign, treat that as a warning.
Written questions in the signer's language, prepared ahead of time by a neutral translator, can help the notary check willingness when the notary has no shared language.
Be careful with helpers
Relatives, employers and sellers sometimes offer to explain the paper. Their interests may differ from the signer's. Prefer a neutral person, such as an independent translator or the signer's own advisor.
Record who helped and how, in your journal, in short form.
A child or teenager should not be used as the signer's reader. The pressure and the responsibility are too much, and the child may not know the vocabulary.
Protect against mistakes
Slow down. Do not rush signers because the next appointment is waiting. Offer to reschedule if the signer needs time to get a translation.
For signers with limited reading skill, a state may allow a signature by mark with witnesses. See the separate guide on signers who cannot sign.
What the signer can do ahead of time
Before the notary visit, the signer can ask the person who prepared the document for a plain-language version or a translation, and can take the document to a qualified translator or an attorney for review. If the document will be recorded or filed, the receiving office may also have information in other languages.
Bring a list of questions. Many signers feel more confident signing once they know the parts that matter most to them.
Common questions
Does the notary need to understand the document's language?
Not necessarily, but the notary must be able to communicate with the signer directly, or through a permitted interpreter, to do the core steps.
Can the notary translate the document?
A notary acting as a notary should not translate or give advice. For translation, use a qualified translator.
More notary guides
- How to Prepare Clients for a Remote Online Notarization
- Notary Appointments for Signers With Limited English
- What a notary can and cannot do in New Jersey
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.