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Necessity of Acknowledgment

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.

Black’s Law Dictionary, Fifth Edition.


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.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2002 by LAWCHEK, LTD

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