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Guide / Scams

In Texas, a notary is not a lawyer

Updated: 2026-10-23By Roberto Montes, founder, Nuestras TierrasLegal review: pending

Quick answer

No. In Mexico a notario público is a lawyer. In Texas, a notary public only verifies your identity and witnesses your signature. They can't give you legal advice about your land or draft deeds unless they are also a lawyer. Before you pay anyone to “fix papers,” check at texasbar.com that they are a lawyer.

Who this guide is for

  • You're selling, buying or inheriting land in Texas and someone advertising as a “notario” offered to help.
  • You already paid a notary for land or inheritance papers and want to know if that was legal.
  • You're from Mexico or Latin America and want to understand the difference.

Not for you if…

  • You need someone to draft your deed or settle an inheritance today: talk to a lawyer or free legal aid for that.
  • Your land is outside Texas: notary rules differ by state.

In Mexico and much of Latin America, a notario público is a lawyer with real authority who drafts deeds and formalizes land sales. In Texas, a notary public is not a lawyer and cannot give you legal advice about your land.

The difference, in a table

Notario público in MexicoNotary public in Texas
A lawyer?Yes, a law graduate appointed by the stateNot necessarily. Any adult who meets basic requirements can be one
Drafts deeds?YesNo, unless also a lawyer
Gives legal advice?YesNo
What they doCertify legal actsVerify your identity and witness your signature

What Texas law says

Texas Government Code section 406.017 bars a notary who isn't a lawyer from advertising as a "notario" or "notario público," from stating or implying they're a lawyer, and from charging for legal advice. Breaking this law is a crime.

In practice, a Texas notary can stamp a document you already signed in front of them. They can't tell you which document you need to put inherited land in your name, or prepare it for you.

Warning signs

If you already signed something: keep a copy of everything and talk to a lawyer or free legal aid as soon as possible. Signing a deed can transfer your land.

How to check a lawyer

  1. Go to texasbar.com and open "Find a Lawyer."
  2. Type the person's name.
  3. Confirm the status says "eligible to practice in Texas."

If the person doesn't appear, they are not a Texas-licensed lawyer.

Where to report

You can file a complaint with the Texas Attorney General's Consumer Protection Division (texasattorneygeneral.gov). You can also alert the State Bar of Texas, which investigates the unauthorized practice of law.

Main source: Texas Government Code §406.017. This guide will be updated when the law changes.

Costs and timing

What to do, what it costs and how long it takes
StepCostApproximate timeWhere
Check whether someone is a lawyerFreeA few minutestexasbar.com (Find a Lawyer)
File a complaint about a notaryFreeVariesTexas Attorney General
Ask for free legal helpFree if you qualify by incomeVaries by organizationFree legal help in Texas

Approximate costs and times; they can change. Confirm with each office.

The law and official forms

The law

Official forms

When to call a lawyer

  • You already signed a deed or a document you don't understand.
  • You paid a “notario” to prepare papers for your land or an inheritance.
  • A relative disagrees about how to divide inherited land.
  • Someone offers to buy “your share” of the family land.
  • You were served court papers or a lawsuit.

Find free legal help or check a lawyer at texasbar.com.

Frequently asked questions

Can I use a notary to sign the sale of my land?

A notary can witness your signature. But whoever prepares the deed and explains what it means should be a lawyer or a title company.

Can a notary help with an inheritance?

Only by notarizing documents, like an affidavit of heirship that's already prepared. They can't tell you whether it's the right document for your case.

How do I know if someone is a lawyer in Texas?

Look them up at texasbar.com under “Find a Lawyer.” If they don't show as “eligible to practice in Texas,” they are not a Texas-licensed lawyer.

Where do I report a notary who charged me for legal advice?

With the Texas Attorney General's Consumer Protection Division. You can also alert the State Bar of Texas.