Arizona's September 2026 journal rule: the answer first
Since September 12, 2026, an Arizona notary generally must place the signing party's right thumbprint in the notary journal when notarizing a deed, quitclaim deed, deed of trust, another document affecting real property, or a power of attorney. If that thumb is unavailable, use the left thumb or another available finger and say which one in the journal. If the signer physically cannot provide any print, record that fact and explain the physical condition. The rule comes from Arizona's signed SB 1479, Chapter 31 and A.R.S. § 41-254(C)–(D); the Secretary of State's current notice confirms the effective date.
This is a limited, document-specific rule, not a requirement to fingerprint every Arizona signer. It supplements the normal journal and identity rules. For an actual transaction, examine the document and the requested notarial act; a notary should not guess at the legal effect of an unfamiliar instrument. This article explains the published rule for study and practice, not legal advice about whether a particular instrument transfers an interest in land.
Decide whether the document triggers a print
Ask what is being notarized before filling the journal. The statute names deeds, quitclaim deeds, deeds of trust, other documents that affect real property, and powers of attorney. A deed of trust is in scope even though the signer may be borrowing rather than selling. A power of attorney is in scope without first proving that it will be used in a real estate transaction; the statute lists it separately. A routine affidavit, school form, or vehicle title is not automatically in scope merely because a notary is asked to witness a signature.
| Document or situation | Thumbprint decision under § 41-254 | Why |
|---|---|---|
| Ordinary deed or quitclaim deed | Require the signing party's right thumbprint, subject to the physical-ability procedure | Both are named in subsection C. |
| Deed of trust | Require the print | The statute names deeds of trust expressly. |
| Another document affecting real property | Treat as potentially covered; clarify the document's character before proceeding | Subsection C extends beyond its three named deed types. |
| Power of attorney | Require the print | Power of attorney is an independent named category. |
| Trustee's deed resulting from judicial or nonjudicial foreclosure | No print required by the new subsection | This narrow deed exception is in subsection D(1). |
| Deed of release and reconveyance | No print required by the new subsection | Subsection D(2) names this exact document. |
| Compliant remote online act for a remotely located individual | Conditional exception only | The journal must contain the person's identification credential number and the audiovisual recording must be kept at least seven years. |
The exception says a trustee's deed that results from a foreclosure, not every document signed by a trustee or every deed bearing that word. Likewise, a deed of release and reconveyance is not the same as a fresh deed transferring a home. If the title or function is unclear, ask the requester to identify the document or seek a qualified legal determination. Do not supply that determination as the notary.
The 2026 enacted bill also changes rules for county recorders and owner notices. Those provisions are separate from the notary's journal duty. A recorder's identification check when a document is presented for recording does not substitute for the notary's signer identification or the required journal print during notarization.
At the table: right thumb, substitute finger, physical inability
After confirming the signer's identity and willingness under the ordinary notary rules, make the journal entry while the signer is there. For a covered document, ask the party signing that document for the right thumbprint in that entry. The statute's wording does not turn a bystander, title agent, or witness into the print provider merely because they accompanied the signer. If two people sign and receive notarial acts, make the record adequate for each person rather than using one unidentified print.
Use this order when a print cannot be taken:
- Right thumb available: obtain that print in the journal for the covered document.
- Right thumb unavailable: obtain a print from the left thumb or any available finger. The statute does not require trying the left thumb before another available finger. Mark the journal with the finger used, such as “left thumb used; right thumb unavailable” or “right index finger used.”
- No thumb or finger can physically provide a print: mark the journal that the signer is physically unable to provide a print and explain the physical condition preventing it. The law calls for an explanation, not an invented substitute biometric test for an in-person signing.
A signer's refusal to provide an available thumb or finger is different from physical inability. The text of § 41-254(C) provides a documentation path for physical inability, but does not create a general opt-out for privacy preference, discomfort, or a request by the recipient. Explain the requirement and pause the covered notarization if the required step cannot be completed. For an unusual circumstance, use current Secretary of State guidance or legal counsel rather than treating an unrecorded refusal as the statutory inability exception. The Secretary of State's reference manual recommends noting a refusal and its grounds in the journal; a refusal note is evidence of what happened, not a replacement for a required print.
A practical preparation step is to check that your paper journal has space for the print and any substitute-finger or inability explanation before a signing appointment. Ink and a practice impression can help you avoid an illegible patch on top of another entry. Arizona law specifies what the journal must record; it does not prescribe a particular commercial ink pad or journal brand. Protect the journal and its personal information rather than leaving a completed page at a public counter.
Complete the ordinary journal entry as well
A thumbprint does not replace A.R.S. § 41-319. For an ordinary journal entry, that section lists seven minimum items: the date; a description of the document and type of notarial act; each individual's printed full name and address; each individual's signature if a paper journal is used; the type of satisfactory identity evidence or notation of personal knowledge; a description of any ID card or document including its issuance or expiration date; and the fee, if any. Record the transaction chronologically. The act type matters: “acknowledgment of quitclaim deed” is more useful than “real estate papers.”
For example, a fictional paper entry might read: “September 29, 2026 — Quitclaim deed, acknowledgment — Jordan Lee, 100 Example Street, Mesa, AZ — [Jordan's journal signature] — unexpired Arizona driver license, expiration recorded — no fee — [right thumbprint].” This is a model of fields, not a claim that a particular ID or signer is real. The notary would enter the actual identity evidence and details seen, not reuse this sample. If Jordan's right thumb were unavailable but a left thumb worked, the print area would be marked “left thumb; right thumb unavailable.”
Two parts of § 41-319 sometimes cause confusion. Subsection B offers a copy-of-document alternative when the notary personally knows a signer; subsection C can reduce repeated ID and journal-signature requests for the same person during a six-month period, while still requiring the transaction to be recorded. Neither provision expressly removes the later, document-specific § 41-254(C) print instruction. For a covered in-person document, do not assume an earlier signature, personal knowledge, or a copy of the document substitutes for today's required print or inability notation. Ask the Secretary of State or counsel about an unusual interaction between provisions rather than silently applying the general shortcut to the new specific rule.
Subsection D of § 41-319 permits one entry for more than one notarization of the same type for a signer on similar records or within one record at the same time. That grouping rule concerns journal organization; it is no reason to omit an identifiable required print for a covered signing. A concise entry can still say which documents and acts were grouped.
Paper, electronic, and remote: three different questions
For remote online notarizations, A.A.C. R2-12-1309(A) requires a permanent, tamper-evident electronic journal. A RON act cannot be recorded in the paper journal described in A.R.S. § 41-319. The general paper-or-electronic option for other electronic records does not override this specific RON rule.
Arizona requires a paper journal for notarial acts involving tangible records. For acts involving electronic records, § 41-319 permits a paper journal or one or more electronic journals. A signer and notary can be physically together while signing an electronic record; the document's electronic form alone does not make the signer “remotely located.” If that in-person electronic record is a covered deed or power of attorney, the new § 41-254(C) issue still needs to be handled in the journal. Confirm that the journal method used can actually capture the required print or inability note.
Remote online notarization (RON) is different: the signer appears through communication technology under A.R.S. § 41-263. For a covered record, § 41-254(D)(3) waives the print only when both conditions are met: the journal contains the remotely located individual's identification credential number, and the audiovisual recording is retained at least seven years. The general § 41-263(E) recording period is five years unless another period applies; this exception specifies seven. Merely calling a video session “remote” is insufficient. A RON notary should verify the technology, journal fields, recording retention, and all other § 41-263 conditions before relying on the exception. The bill's exact words require the credential number in the journal; a number visible only in the video is not the stated journal condition.
Do not confuse RON with the notary candidate exam taken remotely. Beginning September 18, 2026, Pearson VUE directs candidates to its dedicated Arizona Notary program. The program website links OnVUE online-exam instructions; check which appointment types are actually available when scheduling. Exam-delivery arrangements do not abolish Arizona RON or create an exception for an in-person notarial act. A legacy Prometric suspension notice on the state website is not evidence of current Pearson booking availability.
Keep the record available, but disclose it correctly
While commissioned, an Arizona notary must retain journals and other records for at least five years after the notarial act under A.R.S. § 41-317(C). The Secretary of State's manual explains that a paper journal should not be destroyed until its most recent entry is at least five years old. A remote audiovisual recording used for the new § 41-254(D)(3) exception has the longer seven-year requirement. Those are different records and periods; do not shorten the recording retention to five years merely because the ordinary journal rule uses five.
The journal is generally a public record, but records protected by attorney-client privilege or other federal or state confidentiality law are not public under § 41-319(A). Where both public and nonpublic entries exist, § 41-319(E) calls for separate journals. A journal of only public entries belongs to the notary, even if the employer purchased it; a journal containing nonpublic entries belongs to the employer and stays there when employment ends. On resignation, revocation, death, or expiration without reappointment, § 41-317 governs delivery of the journal and records to the Secretary of State, subject to its nonpublic-record exception.
A member of the public cannot simply flip through every entry to inspect fingerprints. Under § 41-319(F), a request to view or copy a public journal entry must be in writing and specify the month and year, the person whose signature was notarized, and the type of record or transaction. The Secretary of State's manual advises copying the requested entry while covering the entries above and below it. Treat the new print as part of a controlled journal record, never a marketing sample or casually shared image.
Six short scenarios to test the rule
1. Seller signs a quitclaim deed at a title office. It is expressly covered. Identify the seller, make the ordinary journal entry, and collect the seller's right thumbprint. The title office's own identity procedure does not replace this notary step.
2. A client signs a financial power of attorney with no home sale planned. It is still a power of attorney. The print trigger does not depend on a current real estate transaction or the agent's intended use.
3. A signer has no usable right thumb, but can use the left index finger. Because the right thumb is unavailable, the statute allows the left thumb or any available finger; the left thumb need not be unavailable first. Label “left index finger” in the journal; do not mark the signer wholly unable to print.
4. A signer is physically unable to use any thumb or finger. Do not manufacture a print or silently skip the field. Record that no print can be provided and explain the physical condition in the journal, as § 41-254(C) directs. Complete the remaining notarial requirements.
5. The document is a trustee's deed resulting from a nonjudicial foreclosure. This is a named § 41-254(D)(1) exception. Still make the otherwise required journal record; an exception from the new print does not erase the ordinary notarial act.
6. A remotely located signer executes a deed by compliant RON. The print exception depends on the journal having that person's identification credential number and at least seven years of audiovisual retention. Check both before relying on it; it is not a shortcut for an in-person video call outside § 41-263.
What to study and where to verify
For the Arizona notary exam, learn the decision, not just “thumbprint required.” A strong answer names the covered document, chooses the right thumb first, records the substitute finger or physical inability correctly, and recognizes the two deed exceptions and the conditional RON exception. Then layer the seven general journal items onto the same scenario. These are distinct duties that can be tested together.
The Arizona Secretary of State's current notice, signed SB 1479, § 41-254, and § 41-319 are the places to verify the present rule. For general notary procedures, consult the currently linked manual. For this mandatory fingerprint category, use the current statute and state notice; older manuals may still describe fingerprints as optional.
For independent practice, work a few journal and identification scenarios in OpenExamPrep's free Arizona notary questions, then use the Arizona notary study guide to revisit the broader identification, notarial act, and recordkeeping topics. OpenExamPrep is an independent study resource, not the Arizona Secretary of State or the exam provider.
