Guide / Scams
In Texas, a notary is not a lawyer
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 Mexico | Notary public in Texas | |
|---|---|---|
| A lawyer? | Yes, a law graduate appointed by the state | Not necessarily. Any adult who meets basic requirements can be one |
| Drafts deeds? | Yes | No, unless also a lawyer |
| Gives legal advice? | Yes | No |
| What they do | Certify legal acts | Verify 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
- The ad says "notario público" in Spanish and offers to "fix papers" for land, inheritance or deeds.
- They charge hundreds or thousands of dollars to "fill out" property forms.
- They say you don't need a lawyer for a complicated inheritance.
- They ask you to sign documents you don't understand or that are blank.
- They give no receipt or written contract.
How to check a lawyer
- Go to texasbar.com and open "Find a Lawyer."
- Type the person's name.
- 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.
Costs and timing
| Step | Cost | Approximate time | Where |
|---|---|---|---|
| Check whether someone is a lawyer | Free | A few minutes | texasbar.com (Find a Lawyer) |
| File a complaint about a notary | Free | Varies | Texas Attorney General |
| Ask for free legal help | Free if you qualify by income | Varies by organization | Free legal help in Texas |
Approximate costs and times; they can change. Confirm with each office.
The law and official forms
The law
- Texas Government Code §406.017: bars a notary who isn't a lawyer from advertising as a “notario” or “notario público,” stating or implying they're a lawyer, or charging for legal advice.
- Texas Government Code §81.101: defines the practice of law in Texas.
Official forms
- Consumer complaint to the Texas Attorney General: official online form.
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.
Nuestras Tierras, https://nuestrastierras.org/en/texas/guides/notario-is-not-a-lawyer/. Updated: 2026-10-23. Legal review: pending. General information, not legal advice.