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    A.R.S. § 41-254

    Arizona's Notary Thumbprint Rule for Deeds and Powers of Attorney

    Verified August 14, 2026 • 57th Legislature, 2nd Regular Session

    Starting September 12, 2026, an Arizona notary must take the signer's right thumbprint in the notary journal before notarizing a deed, a deed of trust, any other document affecting real property, or a power of attorney. The rule is designed to fight title fraud by tying a physical identifier to every high-risk signing.

    Title 41, SECRETARY OF STATE

    azleg.gov

    What This Statute Says

    This section has long required a signer to appear personally before the notary. In 2026, Senate Bill 1479, a law aimed at stopping deed fraud and title theft, amended it to add a thumbprint rule. Beginning September 12, 2026, the notary must take the signer's right thumbprint in the notary journal before notarizing any of these documents:

    • A deed, including a quitclaim deed
    • A deed of trust
    • Any other document that affects real property
    • A power of attorney document

    The power of attorney language is broad. It covers all powers of attorney, not just those that deal with real estate. That includes the financial power of attorney in a typical estate plan.

    What If a Right Thumbprint Is Not Possible?

    The law includes practical fallbacks:

    • If the signer cannot provide a right thumbprint, the notary takes the left thumbprint or a print from another finger and notes in the journal which finger was used.
    • If the signer is physically unable to provide any print at all, the notary writes a note in the journal explaining why.

    Documents That Are Exempt

    Three categories do not require a thumbprint:

    • A trustee's deed that results from a judicial or nonjudicial foreclosure
    • A deed of release and reconveyance, the document that clears a paid-off loan from the record
    • A remote online notarization, but only if strict conditions are met

    The remote online exemption comes with two conditions, and Senate Bill 1479 also made a companion change to A.R.S. 41-263, the remote notarization statute. First, the notary journal must include the signer's identification credential number. Second, the notary must keep the audiovisual recording of the online session for at least seven years. If either condition is not met, the online notarization does not qualify for the exemption.

    What This Means for Arizona Families

    Deed fraud has become a real problem. Criminals forge signatures, record fake deeds, and try to sell or borrow against homes they do not own. Vacant land and homes owned free and clear are frequent targets. A thumbprint in the notary journal creates physical evidence that is very hard to fake, which helps investigators and helps innocent owners undo fraudulent transfers.

    For families doing normal estate planning, the change is minor but worth knowing. When you sign a beneficiary deed, a quitclaim deed, a trust transfer deed, or a durable power of attorney, expect the notary to ask for your right thumbprint starting September 12, 2026. Bring your usual photo ID as well. The extra step takes seconds and adds a strong layer of protection to the documents that control your home and your finances.

    The same 2026 law also raised the penalty for knowingly recording a forged or fraudulent property document to a Class 5 felony. Our page on false documents and liens covers that change and the tools owners have to clear a clouded title.

    A. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. B. If a notarial act involves a translator under section 41-253, subsection F, the translator shall appear personally before the notary public. C. If the document to be notarized is a deed, quitclaim deed, deed of trust or other document that affects real property or a power of attorney document, the notary public shall require the party signing the document to place the party's right thumbprint in the notary's journal. If the right thumbprint is not available, the notary public shall have the party use the party's left thumb, or any available finger, and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition. D. Subsection C of this section does not apply to any of the following: 1. A trustee's deed that results from a judicial or nonjudicial foreclosure. 2. A deed of release and reconveyance. 3. A notarial act performed for a remotely located individual as prescribed by and in compliance with section 41-263 if both of the following apply: (a) The notary journal includes the individual's identification credential number. (b) The notary retains the audiovisual recording for at least seven years.

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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