Are There Any Notarial Documents Which Depend Upon Recordation For Their Validity?

Yes there are, but not many. We know that there are many documents which we are required to record as notaries. But recordation is not what makes most of our documents valid. Here are a few.

* Prenuptial Agreement- This document must be recorded in the conveyance records in the parish where the couple will reside, prior to the marriage. In the case where the couple was married out of state, they have one year of moving into Louisiana to execute and record.

* Declaration of the Separate Nature of Fruits and Revenues of Separate Property-Until this declaration is recorded, the fruits and revenues of a spouse's separate property are community property. The recordation takes place in the conveyance records, but the spouse against whom the declaration is recorded must be notified of the declaration or the fruits and revenues remain community. What's the best way to notify? Have the other spouse sign, if you can. If not, notification may require a return receipt or service by a private process server.

* Notarial Adoption-This document must be recorded prior to the death of any of the parties. The reason is simple. There is too much room for fraud if adoption is not accomplished during the lifetime of the adoptee or the adoptor. See Civil Code articles 212-214.