An acknowledgment
is a formal declaration by a person or other legally recognized
entity, such as a corporation, that execution of a document or
instrument is his/her free act and deed. Execution of an instrument means that it has been drafted and
signed. When a person
acknowledges the execution of an instrument, he/she is stating
that his/her signing of it is his/her free act or deed.
The acknowledgment is made before a person, such as a
notary public, authorized by law to take an acknowledgment. Please see specific state for details and/or
differences.
Black�s
Law Dictionary, Fifth Edition.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
In
Alabama, an instrument may be acknowledged to be recorded.
An acknowledgment makes an instrument self-proving
in court. Alabama
Code �35-4-58.
ALASKA
In
Alaska, an instrument must be acknowledged to be recorded.
An acknowledgment makes an instrument self-proving
in court. Alaska
Code �40.17.090.
ARIZONA
In
Arizona, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
Arizona Code �12-2261;
33-411.
ARKANSAS
In
Arkansas, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
Arkansas Code �16-47-101,
110; 18-12-201,
209.
CALIFORNIA
In
California, an instrument must be acknowledged to be
recorded. An
acknowledgment of an instrument constitutes prima facie
evidence of the facts recited in the instrument.
Prima facie means that a fact is presumed to be
true unless evidence to the contrary is shown. California Gov�t. C �27293;
Evide. C. 1451.
COLORADO
In
Colorado, an instrument may be, but need not be,
acknowledged to be recorded.
An acknowledgment of an instrument is prima facie
evidence of proper execution of it.
Colorado Code �38-35-101.
CONNECTICUT
In
Connecticut, an instrument must be acknowledged to be
recorded. Connecticut
Code �47-5.
DELAWARE
In
Delaware, an instrument must be acknowledged to be
recorded. Delaware
Code �29-4321
onward.
FLORIDA
In
Florida, an instrument must be acknowledged to be
recorded. Florida
Code �695.03.
GEORGIA
In
Georgia, an instrument must be acknowledged to be
recorded. An
acknowledgment does not make an instrument self-proving in
court. Georgia
Code �44-2-14,
15.
HAWAII
In
Hawaii, an instrument must be acknowledged to be recorded.
An acknowledgment makes an instrument self-proving
in court. Hawaii
Code �502-41,
47, 50, 81.
IDAHO
In
Idaho, an instrument must be acknowledged to be recorded.
Idaho Code �55-805.
ILLINOIS
In
Illinois, an instrument does not need to be acknowledged
to be recorded. An
acknowledgment does make an instrument self-proving in
court. Illinois
Code �765-5/35.
INDIANA
In
Indiana, an instrument must be acknowledged to be
recorded. Indiana
Code �32-1-2-18.
IOWA
In
Iowa, an instrument must be acknowledged to be recorded.
Iowa Code �558.42.
KANSAS
In
Kansas, an instrument must be acknowledged to be recorded.
An acknowledgment makes an instrument self-proving
in court. Kansas
Code �58-2221,
2229.
KENTUCKY
In
Kentucky, an instrument must to be acknowledged to be
recorded. Kentucky
Code �382.130.
LOUISIANA
In
Louisiana, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
Louisiana CC �2242,
2253.
MAINE
In
Maine, an instrument must be acknowledged to be recorded. Maine T.4, �1011-1019.
MARYLAND
In
Maryland, an instrument must be acknowledged to be
recorded. An
acknowledgment alone does not make an instrument
self-proving in court.
The instrument also must be certified.
Maryland Real Prop. Art. �4-101;
Courts Art. �10-204.
MASSACHUSETTS
In
Massachusetts, an instrument must be acknowledged to be
recorded. Massachusetts
C. 183, �29-30.
MICHIGAN
In
Michigan, an instrument must be acknowledged to be
recorded. An
acknowledgment creates a presumption that the acknowledged
instrument is valid and genuine. Michigan CLA �565.201-.203;
600.2131.
MINNESOTA
In
Minnesota, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
Minnesota Code �507.24;
600.14.
MISSISSIPPI
In
Mississippi, an instrument must be acknowledged to be
recorded. Mississippi
Code �89-3-1.
MISSOURI
In
Missouri, an instrument must be acknowledged to be
recorded. Missouri
Code �442.010
onward; 59.330.
MONTANA
In
Montana, an instrument must be acknowledged to be
recorded. Montana
Code �70-21-203,
205, 207.
NEBRASKA
In
Nebraska, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
Nebraska Code �76-233-35.
NEVADA
In
Nevada, an instrument must be acknowledged to be recorded.
Nevada
Code �111.310,
.312.
NEW HAMPSHIRE
In
New Hampshire, an instrument must be acknowledged to be
recorded. New
Hampshire C.477, �3.
NEW JERSEY
In
New Jersey, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
New Jersey Code �46-14-2.1.
NEW MEXICO
In New
Mexico, an instrument must be acknowledged to be recorded.
New
Mexico Common Law �14-14-1
onward.
NEW YORK
In
New York, an instrument must be acknowledged to be
recorded. An
acknowledgment of an instrument is prima facie evidence
that it was executed by the person whose signature appears
on it. New
York C.P.L.R. Rule 4538; R.P.L. �291.
NORTH CAROLINA
In
North Carolina, an instrument must be acknowledged to be
recorded. North
Carolina �47-14.
NORTH DAKOTA
In North
Dakota, an instrument must be acknowledged to be recorded.
North
Dakota Code �47-19-03.
OHIO
In
Ohio, an instrument must be acknowledged to be recorded.
An acknowledgment makes an instrument self-proving
in court. Ohio
Code �317.112;
5301.01.
OKLAHOMA
In
Oklahoma, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
Oklahoma Code �16-26,
27.
OREGON
In
Oregon, an instrument must be acknowledged to be recorded.
Oregon
Code �93.010,
.530, .635; 86.100.
PENNSYLVANIA
In
Pennsylvania, an instrument must be acknowledged to be
recorded. An
acknowledgment is prima facie evidence that an instrument
was property executed.
Pennsylvania
Code �21-42
through 46.
RHODE ISLAND
In
Rhode Island, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
Rhode Island Code �34-12-6.
SOUTH CAROLINA
In
South Carolina, an instrument must be acknowledged to be
recorded. South
Carolina Code �30-5-30; 26-3-20 through 90.
SOUTH DAKOTA
In
South Dakota,
an instrument must be acknowledged to be recorded.
South
Dakota Code �43-28-2, 3, 8, 10.
TENNESSEE
In
Tennessee, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
Tennessee Code �66-22-104 onward.
TEXAS
In
Texas, an instrument must be acknowledged to be recorded.
Texas Prop. Code �12.001.
UTAH
In
Utah, an instrument must be acknowledged to be recorded.
An acknowledgment is prima facie evidence that the
instrument was executed by the person(s) whose signature
appears on it. Utah
Code �57-3-1.
VERMONT
In
Vermont, an instrument must be acknowledged to be
recorded.
Vermont
Code
�27-341.
VIRGINIA
In
Virginia, an instrument must be acknowledged to be
recorded. Virginia
Code �55-106,
113.
WASHINGTON
In
Washington, an instrument must be acknowledged to be
recorded. Washington
Code �65.04.030;
65.08.060-.070.
WEST VIRGINIA
In West
Virginia, an instrument must be acknowledged to be
recorded. West
Virginia Code �39-1-2.
WISCONSIN
In
Wisconsin, an instrument must be acknowledged to be
recorded. Wisconsin
Code �706.06,
706.07.
WYOMING
In
Wyoming, an instrument must be acknowledged to be
recorded. An
acknowledgment makes an instrument self-proving in court.
Wyoming Code �34-1-118,
123.
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