Do Lien Waivers Need to Be Notarized? 50-State Table

Where the form itself calls for a notary

Two statutes print a waiver form with a notarial certificate on it. A waiver on these forms is not finished until a notary completes that certificate.

Mississippi. Miss. Code § 85-7-433 prints an interim waiver and a final waiver. Both have the claimant's signature, printed name and title, followed by a jurat: "Sworn to and subscribed before me" and a notary public line. With a jurat, the signer swears to the contents and signs in front of the notary. The final form prints that signature block and jurat twice, once before its notice and once after. Section 85-7-419 says a waiver requested for a payment "shall substantially follow" the matching form.

Wyoming. Wyo. Stat. § 29-10-101(b) prints one form, titled "Lien Waiver", and says it "shall be completed in substantially the following form." It ends with a notarial acknowledgment: "This instrument was acknowledged before me" by the claimant or its authorized signer, then the notarial officer's signature, commission expiration and seal. There are no separate progress and final versions. The one form covers payment received to date, with blanks for retainage withheld and any amount still unpaid.

Georgia: a witness, not a notary

This is where online answers disagree. A National Credit Services article from February 2022, for example, lists Georgia with Mississippi and Wyoming as states that require notarized waivers. The statute says otherwise.

O.C.G.A. § 44-14-366 prints two forms: a waiver and release upon interim payment in subsection (d) and a waiver and release upon final payment in subsection (e). Today's forms come from SB 315 (2020). Both forms use the same execution block: "Given under hand and seal" with a date, the claimant's signature marked (SEAL), a line marked (WITNESS) and a line marked (ADDRESS). Neither form has a notary block.

Georgia's notary belongs to a different document. A signed waiver becomes effective at the earliest of three events: actual receipt of the amount stated, a separate written acknowledgment of payment in full, or 90 days after the waiver was executed (§ 44-14-366(g)(2), as last rewritten by SB 143 in 2021). An unpaid claimant stops the 90-day result only by filing an affidavit of nonpayment in the county where the property is located before the 90 days run. That affidavit is "sworn to and executed in the presence of" a witness and a notary public.

So keep the two documents apart. The waiver needs a witness. The affidavit of nonpayment needs a witness and a notary.

Texas: no notary for contracts from 2022 on

Texas used to require one. Before House Bill 2237, Property Code § 53.281(b) said a waiver and release was effective only if it was "signed by the claimant or the claimant's authorized agent and notarized." HB 2237 (87th Legislature, 2021), Section 35, struck the words "and notarized."

Today § 53.281(b) asks for three things: the waiver substantially complies with one of the four forms in § 53.284, it is signed by the claimant or its authorized agent, and, for a conditional release, evidence of payment to the claimant exists. The four forms end with a date, company name, signature and title. None has a notary block.

The date that decides it is the original contract's, not the waiver's. HB 2237 took effect January 1, 2022 and applies only to an original contract entered into on or after that date (Sections 37 and 38). An original contract is one the owner is a party to (§ 53.001(6)). A subcontractor's waiver on a project whose owner contract was entered into before 2022 still falls under the earlier law, notary included.

Where a contract can require a notary

Outside those states, notarization is a contract question. Two prompt-pay statutes say so directly:

Arizona. A.R.S. § 32-1183(B) requires a subcontractor or supplier to provide a waiver conditioned on payment and adds that "the contractor or subcontractor may require that such conditional waivers of lien be notarized." Arizona's statutory forms in § 33-1008 still have no notary block. The notary is the paying party's option.
Oregon. ORS 701.630(2)(b) requires an appropriate lien waiver under the subcontract or purchase-order terms and says "the original contractor or subcontractor may require that such waivers of lien be notarized." ORS 701.645 takes low-rise residential work, public contracts and some income-restricted housing out of those sections.

In every other state, look for a notary requirement in the subcontract, the owner contract and the construction lender's draw requirements before the first waiver goes out. If one of them asks for notarized waivers, collect notarized waivers. One caution: Florida bars requiring a waiver that differs from its statutory forms (Fla. Stat. § 713.20(6)), so check before adding anything to a Florida form.

State-by-state table

How to read it:

Statewide form prescribed? "Yes" means the statute prints the waiver text itself, with the number of forms. Missouri prints one form, an unconditional final waiver for covered residential property (RSMo § 429.016.27), and none for other work. "No" means the statute prints no waiver form, though it may still set rules for waivers.
Notary block and Witness line describe the printed statutory form only. A dash means there is no statewide form to look at. Neither column describes your contract.
Statute cites the waiver section where there is one. Otherwise it points to the state's mechanics' lien chapter on the state's own website. A dash means no official state-hosted chapter link is on file.

State	Statewide form prescribed?	Notary block on the form	Witness line on the form	Statute	State guide
Alabama	No	—	—	Ala. Code Title 35, Chapter 11, Article 5, Division 8 (Mechanics and Materialmen), §§ 35-11-210 to 35-11-234	Alabama rules
Alaska	No	—	—	Alaska Stat. Title 34, Chapter 35 (Liens), Article 2 (Mechanics and Materialmen), AS 34.35.050–34.35.120	Alaska rules
Arizona	Yes (4 forms)	No	No	A.R.S. §33-1008	Arizona rules
Arkansas	No	—	—	—	Arkansas rules
California	Yes (4 forms)	No	No	Cal. Civ. Code §§8120-8138	California rules
Colorado	No	—	—	C.R.S. §38-22-119(1)-(2)	Colorado rules
Connecticut	No	—	—	Conn. Gen. Stat. Title 49, Chapter 847 (Liens), §§ 49-33 to 49-40a	Connecticut rules
Delaware	No	—	—	25 Del. C. §2706(b)	Delaware rules
District of Columbia	No	—	—	D.C. Code Title 40, Chapter 3 (Mechanics, Materialmen, and Contractors), §§ 40-301.01 to 40-307.03	District of Columbia rules
Florida	Yes (2 forms)	No	No	Fla. Stat. §§713.20(2)-(8), 713.23(5), 713.235, 713.245	Florida rules
Georgia	Yes (2 forms)	No	Yes	O.C.G.A. §44-14-366(d)-(f)	Georgia rules
Hawaii	No	—	—	Haw. Rev. Stat. ch. 507 (Liens), Part II — Mechanic's and Materialman's Lien, §§ 507-41 to 507-49	Hawaii rules
Idaho	No	—	—	Idaho Code Title 45, Chapter 5 (Idaho Code §§ 45-501 to 45-525)	Idaho rules
Illinois	No	—	—	770 ILCS 60/1(d), 5, 21-23, 35; 30 ILCS 550/2	Illinois rules
Indiana	No	—	—	Ind. Code Title 32, Art. 28, Ch. 3 (Mechanic's Liens), IC 32-28-3-1 to 32-28-3-18	Indiana rules
Iowa	No	—	—	Iowa Code Chapter 572 (Iowa Code §§ 572.1 to 572.34)	Iowa rules
Kansas	No	—	—	Kansas Statutes Chapter 60, Article 11 (K.S.A. §§ 60-1101 to 60-1112)	Kansas rules
Kentucky	No	—	—	KRS 371.400, 371.405(2)(b), 371.425, 376.070(3)	Kentucky rules
Louisiana	No	—	—	La. Rev. Stat. Ann. § 9:4801 et seq. (Private Works Act — tit. 9, ch. 2, pt. I)	Louisiana rules
Maine	No	—	—	Me. Rev. Stat. tit. 10, ch. 603 (10 M.R.S. §§ 3251–3269)	Maine rules
Maryland	No	—	—	Md. Code Ann., Real Prop. §§ 9-101 to 9-114 (Title 9, Subtitle 1 — Mechanics' Liens)	Maryland rules
Massachusetts	Yes (1 limited-use form)	No	No	M.G.L. c.254 §§2, 32	Massachusetts rules
Michigan	Yes (4 forms)	No	No	MCL §570.1115	Michigan rules
Minnesota	No	—	—	Minn. Stat. ch. 514, §§ 514.01–514.17 (Liens Against Property — Improvement of Real Estate)	Minnesota rules
Mississippi	Yes (2 forms)	Yes	No	Miss. Code §§85-7-419, 85-7-433	Mississippi rules
Missouri	Covered residential final only	No	No	RSMo §§429.005, 429.016, 429.032	Missouri rules
Montana	No	—	—	Mont. Code Ann. Title 71, Chapter 3, Part 5 (Construction Liens), §§ 71-3-521 to 71-3-564	Montana rules
Nebraska	No	—	—	Neb. Rev. Stat. Chapter 52, §§ 52-125 to 52-159 (Nebraska Construction Lien Act)	Nebraska rules
Nevada	Yes (4 forms)	No	No	NRS §108.2457	Nevada rules
New Hampshire	No	—	—	N.H. Rev. Stat. Ann. Title XLI, Chapter 447 (Liens for Labor and Materials), RSA 447:1–447:18	New Hampshire rules
New Jersey	No	—	—	N.J. Stat. Ann. Title 2A, ch. 44A (Construction Lien Law), §§ 2A:44A-1 et seq.	New Jersey rules
New Mexico	No	—	—	NMSA 1978, ch. 48, art. 2 (Mechanics' and Materialmen's Liens), §§ 48-2-1 to -17	New Mexico rules
New York	No	—	—	N.Y. Lien Law §34	New York rules
North Carolina	No	—	—	N.C. Gen. Stat. ch. 44A, art. 2 (Statutory Liens on Real Property)	North Carolina rules
North Dakota	No	—	—	N.D. Cent. Code ch. 35-27 (Construction Lien)	North Dakota rules
Ohio	No	—	—	Ohio Rev. Code ch. 1311 (Liens)	Ohio rules
Oklahoma	No	—	—	Okla. Stat. tit. 42, ch. 3, §§ 141–154 (Mechanics' and Materialmen's Liens)	Oklahoma rules
Oregon	No	—	—	Or. Rev. Stat. ch. 87 (Statutory Liens) — Construction Liens, ORS 87.001–87.093	Oregon rules
Pennsylvania	No	—	—	Mechanics' Lien Law of 1963, 49 P.S. §§ 1101–1902 (Act of Aug. 24, 1963, P.L. 1175, No. 497)	Pennsylvania rules
Rhode Island	No	—	—	R.I. Gen. Laws §§34-28-1(b), 34-28-26 through 34-28-29	Rhode Island rules
South Carolina	No	—	—	S.C. Code Ann. tit. 29, ch. 5, §§ 29-5-10 to 29-5-440 (Mechanics' Liens)	South Carolina rules
South Dakota	No	—	—	S.D. Codified Laws ch. 44-9 (Mechanics' and Materialmen's Liens)	South Dakota rules
Tennessee	No	—	—	—	Tennessee rules
Texas	Yes (4 forms)	No	No	Tex. Prop. Code §§53.281-53.284	Texas rules
Utah	Yes (2 forms)	No	No	Utah Code §38-1a-802	Utah rules
Vermont	No	—	—	9 V.S.A. Chapter 51 (Miscellaneous Liens), Subchapter 1 (Contractors' Liens for Labor or Material), §§ 1921-1928	Vermont rules
Virginia	No	—	—	Va. Code Title 43, Chapter 1 (Mechanics' and Materialmen's Liens), §§ 43-1 et seq.	Virginia rules
Washington	No	—	—	Wash. Rev. Code Title 60, Chapter 60.04 (Mechanics' and Materialmen's Liens)	Washington rules
West Virginia	No	—	—	W. Va. Code Chapter 38, Article 2 (Mechanics' Liens)	West Virginia rules
Wisconsin	No	—	—	Wis. Stat. Chapter 779, Subchapter I (Construction Liens)	Wisconsin rules
Wyoming	Yes (1 form)	Yes	No	Wyo. Stat. §29-10-101(b)	Wyoming rules

E-signatures and lien waivers

Generally, a lien waiver can be signed electronically. Under the federal ESIGN Act, a signature or contract "may not be denied legal effect, validity, or enforceability solely because it is in electronic form" (15 U.S.C. § 7001(a)). State e-signature laws, many based on the Uniform Electronic Transactions Act (UETA), say much the same.

Three limits matter for lien waivers:

Nobody has to accept an e-signature. ESIGN does not require anyone to agree to use electronic records or signatures (§ 7001(b)(2)). UETA applies only between parties that agreed to do business electronically; Oregon's version, for example, says so in ORS 84.013(2).
E-sign laws change the medium, not the form. ESIGN leaves the other requirements of the underlying law in place (§ 7001(b)(1)). A form with a witness line still needs a witness. A form with a jurat or an acknowledgment still needs a notary.
A notary requirement can be met electronically, by the notary. Under § 7001(g), when a law requires a record to be notarized, acknowledged, verified or made under oath, the electronic signature of the person authorized to perform that act, with the information other law requires, satisfies it. The claimant's own e-signature does not.

Remote online notarization

Remote online notarization (RON) lets the signer appear before the notary over live audio-video instead of in person. That is a question of notary law, not lien law. Neither Mississippi's § 85-7-433 nor Wyoming's § 29-10-101 mentions remote notarization. Each simply prints the notarial certificate.

So the useful question for a Mississippi or Wyoming waiver is whether the notary who completes the certificate is authorized to perform that act remotely. Ask before the sub books a remote session, and keep the completed certificate with the waiver.

How SubLien handles each case

SubLien sends and tracks lien waivers, and the execution route follows the form:

Forms with no notary block or witness line, which covers most states and Texas today: the sub opens an emailed link, confirms a code sent to that email address, reviews the waiver and signs. SubLien attaches a signature certificate that records consent, email verification, IP address and device, document and signature hashes and the event history, seals the PDF and adds an RFC 3161 timestamp. That is a record of what happened, not a ruling that the waiver is valid.
Georgia, Mississippi and Wyoming: SubLien prepares the statutory form, and the sub downloads it, signs it with a witness (Georgia) or before a notary (Mississippi and Wyoming), and uploads the completed copy. The upload stays pending until someone on the GC's team reviews and accepts it. SubLien does not act as the witness or the notary.
Your own forms and contract requirements: a customer form marked as requiring notarization uses the same download, notarize, upload and review route. On covered private Oregon projects (not low-rise residential or income-restricted housing), SubLien asks whether the subcontract or purchase order requires notarization, and a yes sends the waiver down that route.

Common questions

Which states require lien waivers to be notarized?

Mississippi and Wyoming. Their statutory waiver forms carry a notarial certificate: a jurat in Mississippi (Miss. Code § 85-7-433) and an acknowledgment in Wyoming (Wyo. Stat. § 29-10-101(b)). No other state's statutory waiver form has a notary block, though a contract can still require one, and Texas required notarization for waivers under owner contracts entered into before 2022.

Does Georgia require lien waivers to be notarized?

No. The interim and final forms in O.C.G.A. § 44-14-366 have a claimant signature with seal, a witness line and an address line, but no notary block. The affidavit of nonpayment, a separate document, is the Georgia form that needs a notary.

Do lien waivers need to be notarized in Texas?

Not for original contracts entered into on or after January 1, 2022. HB 2237 removed "and notarized" from Texas Property Code § 53.281(b). Waivers on projects whose owner contract predates 2022 follow the earlier law, which required notarization.

Can a lien waiver be signed electronically?

Generally, yes. ESIGN (15 U.S.C. § 7001) and state e-signature laws stop a signature from being rejected only because it is electronic. They do not remove a form's other requirements, so a form with a notary block still needs a notary, who can act electronically under § 7001(g).

Can a general contractor require a notarized lien waiver?

In Arizona and Oregon, the prompt-pay statutes say so expressly (A.R.S. § 32-1183(B); ORS 701.630(2)(b)). Elsewhere it is a term to put in the subcontract, with one caution: Florida bars requiring a waiver that differs from its statutory forms (Fla. Stat. § 713.20(6)).

What is the difference between a witness and a notary on a lien waiver?

A witness watches the claimant sign and signs the witness line, as Georgia's forms require. A notary is a commissioned public officer who completes a certificate: Mississippi's forms use a jurat, where the signer swears to the contents, and Wyoming's use an acknowledgment, where the signer acknowledges signing.

Primary sources

Georgia Code, official public access: search O.C.G.A. § 44-14-366 for the current interim and final forms and the affidavit of nonpayment.
Georgia SB 315 (2020), as passed: the rewrite behind today's interim and final forms, with the (SEAL), (WITNESS) and (ADDRESS) lines.
Georgia SB 143 (2021), as passed: the current text of § 44-14-366(g)(2), the 90-day rule and the affidavit of nonpayment with its witness and notary lines.
Mississippi SB 2364 (2015), as sent to the Governor: the text of Miss. Code § 85-7-433, with the jurat on each form.
Mississippi SB 2622 (2014), as sent to the Governor: Miss. Code § 85-7-419, the "substantially follow" rule.
Wyoming Statutes, Title 29: § 29-10-101(b), the lien waiver form and its notarial acknowledgment.
Texas HB 2237 (87th Legislature), enrolled: Section 35 strikes "and notarized"; Sections 37 and 38 set the January 1, 2022 original-contract cutoff.
Texas Property Code, chapter 53: §§ 53.001, 53.281 and 53.284 as they read today.
A.R.S. § 32-1183 and A.R.S. § 33-1008: Arizona's notarization option and its four statutory forms.
ORS chapter 701: ORS 701.630 and 701.645.
RSMo § 429.016: subsection 27, Missouri's covered-residential unconditional final waiver form.
Fla. Stat. § 713.20: Florida's two waiver forms and the rule against requiring a different one.
15 U.S.C. § 7001 (ESIGN): electronic signatures, preserved requirements and electronic notarization.
Uniform Electronic Transactions Act, Uniform Law Commission and ORS chapter 84, one state's enacted version.

This guide is general information, not legal advice, and may not reflect the most recent changes to the law. Statutory lien-waiver and insurance requirements change — check the current rules for your project and jurisdiction. Nothing here is a legal determination that a form or workflow is correct for a project; your organization is responsible for selecting the form and workflow.

Do lien waivers need to be notarized?