Notary tip: Requests to serve as a document witness

Three individuals having a conversation over a document.

Updated 6-3-24. “Someone asked me if I can notarize his signature and also act as a witness for the document. Is that OK?”

It’s a question frequently posed to our NNA Notary Hotline: Can a Notary serve as a document witness while notarizing a person’s signature at the same time? Generally, it’s better to say no — even when allowed by state law — because it’s easy to confuse acting as a Notary with being a document witness, creating a possible conflict of interest.

What is a document witness?

A "document witness" is an individual who watches another individual sign a document. Usually, state law will specify when document witnesses are required. In Connecticut, Florida, Georgia, Louisiana and South Carolina, for example, a deed or mortgage related to real property must have witnesses present when someone signs before it can be recorded. In many jurisdictions, powers of attorney or last wills and testaments may also require one or more witnesses to be present at the signing. Witnesses typically sign the document as well.

Witnesses to these documents are not Notaries — they are private individuals. And the witnessing of a signature in this context is not considered a notarization.

Depending on the requirements for the document being signed:

Witnesses may need to be at least 18 years of age.
Close relatives might be prohibited from being a witness.
More than one witness may be needed.

Can a Notary be a document witness?

If you are notarizing a signature on the document, can you also be a document witness? The answer is yes if you’re a Connecticut or Florida Notary.

Georgia and North Carolina prohibit Notaries from also acting as document witnesses. Maine strongly advises against notarizing a signature and being a document witness for the same transaction.

In every other state where specific rules are not provided, such as California, Oregon and Texas, the safest course is to turn down requests to both notarize the signature and act as a document witness.

Witnessing a document may require you to sign the document — which could create a conflict of interest if you are asked to notarize other signatures on the same document. The easiest way to avoid possible conflicts is to choose to act officially as a Notary or privately as a document witness — but not both for the same transaction.

"Witnessing a signature" vs. being a document witness: What’s the difference?

Some Notaries confuse a type of notarization known as "attesting a signature" or "signature witnessing" with being a document witness. It’s easy to mix them up because both refer to “witnessing” and require you to be present when the document is signed. There are two important differences:

First, when you witness or attest a signature as a Notary, you are performing an official act authorized by your state law that only a Notary may do. And second, unlike document witnesses, Notaries must satisfy several requirements for a signature witnessing:

Notaries must identify the individual signing the document.
Notaries must complete a notarial certificate for the signature witnessing.
Notaries must sign the notarial certificate for the signature witnessing with their official signature and authenticate it with their Notary seal (in most states).
Notaries may be required to record a journal entry for the act.
Notaries may charge a fee if permitted by statute.

Attesting a signature and signature witnessings are a different acts from an acknowledgment, and not every state authorizes their Notaries to perform them.

More than a dozen states authorize Notaries to witness signatures as a notarial act, including Colorado, Delaware and Pennsylvania. While Florida permits Notaries to act as document witnesses as private individuals, it does not authorize them to attest signatures as an official notarial act. Before signing as a document witness, a Florida Notary should ensure that the document does not require the notarization of the witnesses’ signatures.

If you are asked to act as a document witness, you are not performing an official notarization. You watch the signature being made and then sign the document as a private individual — not as a Notary. You do not complete a notarial certificate as a document witness and you may not charge a fee.

Notaries in other states should check their official state Notary website for guidance on acting as an individual witness and Notary on the same document.

David Thun is the Editorial Manager at the National Notary Association.

Different types of witnesses (and witnessing) Notaries may encounter

Additional Resources:

NNA Hotline

79 Comments

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Dieudonne jasmin

03 Jul 2024

Good evening everyone, I am a new notary Public, I am in North Carolina I am very happy to join you because your questions, comments and advises are helping

National Notary Association

08 Jul 2024

Welcome! Please contact us if we can help you with any Notary questions.

Annetta Chase

17 Jun 2024

I reported a person that was acting as document witness as well as notarizing a court document that he was receiving monetary gain,because he is attorney and part of he company he get paid for.notarizing court document. I was told he was not doing nothing wrong.

Rollaing

For New York City there's not much notary laws documented in the website why is that there's not much regulations when it comes to New York City in the by laws of the NNA system

Madeline Ricci

You’re way too vague about the witness if you’re a notary for TX in this case. No law says you can’t act as a witness and if you are implying that they should follow the law then the answer should different. If a Florida property is being closed in TX. It’s Florida requirements their laws and we should comply. In addition, leaving it open to interpretation that is a conflict of interest is as confusing. The NNA is there to guide notaries not to interpret and create confusion.

Jacqueline Cervantes

As a California Notary, how does the law apply for a Living Trust?

18 Jun 2024

Hello. Any questions regarding witness requirements for a living trust would need to be answered by a qualified attorney.

Joyce Wittal

California Notary - I often do POA , Skd A and B ...Sometimes there is a witness shortage for the will, so I watch and sign. The article makes it seem I should refuse???? I'm confused now.

Hello. Since California does not provide specific rules regarding serving as both a Notary and an individual document witness, the safest course is to turn down requests to both notarize the signature and act as a document witness.

Harry Otto

In New York, it is permissible for a notary to serve as a witness on a power of attorney document. However, for wills, a notary should avoid being a witness in addition to notarizing the self-proving affidavit, as it can create a circular scenario where the validity of the notary's role as a witness or as the notarizing official may be called into question during probate. The key points we explain on our invoice to the client are: For powers of attorney in NY, a notary can act as one of the required witnesses in addition to notarizing the document. This is explicitly allowed by law. For wills in NY, while it is commonly accepted practice for a notary to serve as both a witness and the notary on the self-proving affidavit, there is no clear statutory guidance on this dual role. Having the notary serve both roles on a will creates a potential "dog chasing its tail" circular scenario, where a probate judge may have to choose between accepting the notary's signature as either a valid witness or a valid notarizing signature during probate. To avoid this ambiguity, the prudent advice is for the notary to only serve in one role (witness OR notary) on a will in New York, not both.

Shawna

What about for a Will in California? Two witnesses are required for the Will but the Will itself is not notarized. I've been asked numerous times to act as the second witness to the Will while notarizing the remaining documents in the Trust package. Is this alright?

08 Nov 2024

Typically, in a last will, it is the signature of the witnesses that are Notarized. However, we cannot assume this. Specific instructions provided by the signer(s) at the time of notarization have to given as to what signatures should be notarized. Notaries Public do not instruct who should and should not be Notarized, because that is the same as giving legal advice. There is no law in California that covers the Notary acting as a witness and a Notary on the same document, which then leaves the decision to the Notary. However, the NNA does not recommend serving as both a Notary and a signature witness.

Lindsay White

15 Feb 2024

Hello. I and others have contact the hotline in the past to clarify the guidelines for North Carolina notaries acting as document witness while also being the notary to notarize the document. Will the representatives be updated with information from our manual that we cannot act as any type of party while acting as a notary for a document?

09 Apr 2024

In the state of North Carolina, Notaries Public may not act as signature witnesses on documents which they notarize.

nsagapoure@gmail.com

08 Nov 2023

If I am a document witness on a document that I am notarizing, how do I write this in my journal?

09 Nov 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Madz

17 Sep 2023

A friend of mine signed as a witness for her co worker who is a Notary. Because of signing as a witness will she fall in any kind of trouble ?

18 Sep 2023

Monica

02 Sep 2023

I’m a CA notary & I’ve notarized a few living trust estate documents in an attorney’s office. Each of those docs I’ve notarized calls for 2 witness signatures - the attorney signsed as one & had me sign as the other. A few years ago, my husband & I both had our own trust docs prepared & I recall our attorney signed as a witness and had his wife (also the notary) sign as a second witness. I figured this was acceptable?

05 Sep 2023

Hello. We cannot comment on the witnessing requirements for your living trust estate documents. You would need to consult with an attorney to determine if the witnessing process was legally acceptable or not. In California, Notaries are considered to have a disqualifying interest under the following conditions: “A notary public shall not take the acknowledgment or proof of instruments of writing executed by the notary public nor shall depositions or affidavits of the notary public be taken by the notary public” (GC 8224.1). “A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction. “For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public: “(a) With respect to a financial transaction, is named, individually, as a principal to the transaction. “(b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction” (GC 8224). Notaries are not considered to have a disqualifying interest in a document that would prevent them from notarizing under the following conditions: “A notary public has no direct financial or beneficial interest in a transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction” (GC 8224).

Shimmikka

28 Jul 2023

Hello, I was wondering how can I request to serve as a document witness in South Carolina?

Hello. Could you please clarify your question? Are you asking if you can serve as both a Notary and document witness for a specific transaction?

Michele Guerin

16 Jul 2023

PA- As a notary in PA where many people buy or sell Florida properties, I've been asked by Title companies to be one of the witnesses on the deeds. I've hesitated but they give me this line that Florida notaries can do it and I can too. As PA has no hard and set rule on this, I've gone ahead and signed as a witness. Should I continue this practice?

07 Aug 2023

While you can act as a Notary and a witness on loan documents, it is up to you was to whether or not to continue the practice since there is not law that covers it. The NNA recommends that even there is no stipulation in the law that prohibits it, that the Notary should only be the Notary on a transaction.

Leigh Santiloni

12 Jul 2023

Good to know the differences between notarizing and witnessing.

Randy Israel Ballard

10 Jul 2023

If one is notarizing the signatures on a document, then one cannot be one of those witnesses. You cannot notarize you own signature, plain and simple.

Steven D Ransom

Michigan Notary Public: That is a tricky question. Technically, yes, a Notary may also serve as a witness to a document they’re notarizing. In fact, in some states, it is a common practice, especially on real estate documents. However, some strong caution against this. It is easy to accidentally fall into a situation where a Notary unintentionally notarized his/her/their own signature. If the document requires the notarization of the witnesses’ signatures, the Notary MUST NOT also act as a witness. If the Notary signed as a witness on a document that required notarization of the witnesses’ signatures, he/she/they would be notarizing his/her/their own signature, which is a criminal violation of notary law. A self-proof affidavit on a will or codicil is a good example of a document that requires the notarization of the signatures of the testator and both witnesses. A different situation where the Notary could unintentionally notarize his/her/their own signature is if the notarial certificate is not specific regarding the signer’s name. The Notary must make sure they certify within the notarial certificate the name of the person/s whose signature is to be notarized. When that specific notation is missing, notary law presumes all signatures were notarized. Overall, it is best practice to never act as a Notary and a witness on the same document to avoid a future legal challenge or the loss of your notary commission.

Joe Ewing

The original purpose of requiring two uncompensated observers to a signature harkens back to a time when notaries were routinely bribed with gifts or money.

Christopher E Vaughn

In Texas so many strict rules for notaries. I just don't allow our staff to perform as witnesses. We avoid any conflict of interests.

David Turner

Please send a separate newsletter letting all NORTH CAROLINA notaries know that they CAN NOT WITNESS AND NOTARIZE A DOCUMENT. They can do one or the other, but not both. I’ve asked the NNA multiple times to address this. I lose business daily to notaries who are being the second witness on a FL, SC or GA property. These notaries are creating invalid DEEDS all over these states.

J. Ladd

03 Aug 2022

After reading your descriptions of Attesting a Signature and Document Witnesses, I got out the NNA Primer but could not find definitions of either. Is the Attesting a Signature the normal act of a Notary? Should I assume that Arizona does not allow Document Witnessing?

09 Aug 2022

Hello. Arizona Notaries are authorized to perform signature witnessings and attestations: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (ARS 41-253.C).

LYDIA MOORE

01 Aug 2022

Is witnessing and notarizing a document allowed in Nevada? Also, is there a way to print articles via a PDF without getting the funky line breaks and all the other ads / pictures. The newsletter is a great source of information, and the Notaries in our office like to print and keep relevant articles in a binder. But, printing them gives us funky pagination, al, the comments, and ads. A clean PDF would be appreciated. (Even if you need to add a surcharge via our membership...)

06 Sep 2022

Nevada has no laws that address a Notary also acting as a witness on the same document. That being the case, the Notary can decide if he/she wishes to act as a Notary and as a witness on the same document. We will take your PDF suggestion under advisement.

June S

I think maybe you should also address the witnessing of a Power of Attorney and what a notary is able to do.

Hello. We have more information about powers of attorney in this article: https://www.nationalnotary.org/notary-bulletin/blog/2014/09/four-questions-notaries-powers-attorney

Bett

26 Jan 2022

I work at a large oil and gas company drafting contracts for use in multiple states that generally concern real estate issues (leases, rights of way, etc.) We are drafting template acknowledgment forms for various states for the RE dept to use. In Louisiana, I see that most documents that are recorded require an acknowledgement for each party's signature and 2 witness signatures for each party's signature. Question: Does each witness signature also need an acknowledgment? Most of what I've read seems to indicate that each witness signature does NOT require an acknowledgment. But, I found an instance where a judge ruled a Will invalid because each witness signature was not acknowledged. So, I'm a little confused.

28 Jan 2022

Hello. Any legal questions about witness requirements for the documents you describe would need to be answered by a qualified attorney.

Linda Lamp

25 Jul 2021

WA state, What is best practice? Being a notary but not notarizing the document only asked to sign as a witness. As a witness not knowing the person on the document. Do I identify the person as I would normally as the notary but not notarizing? Would I record, I identified this person in my journal but did not act as the Notary? As Best Practice would it be acceptable to: Record the kind of form witnessed and details abut being "Only the witness" in the comments place of my journal along with place/time/date/etc and have the person sign my journal. This way I have a record of what I witnessed ? Can I charge a fee for acting as A Witness only? I can see that it is best practice not to Notarize and witness the same document as I would like to avoid any questions of conflict of interest. Does appear that I can either Notarize or act as a Witness correct? Question 2. If I am Notarizing a document and the form needs witnesses what is my role as the Notary in identify the witnesses? Or do I not have any obligation in verifying the witnesses? For example: the form has me notarize the party in need of the document signed and then has two witnesses sign below. I notarize the the document was signed by the person named in the Document and am only verifying two witnesses sign. No Obligation on my part to verify the witnesses credibility to the document Correct? I would assume I would need to check the witness ID or is the incorrect? Would I only need to check Witness ID if I was notarizing their names on the form? If the Form wanted the witnesses to sign and their signatures notarized I could do that as well. I'm assuming? The validity of the witness is between the asking party in need of the document and the witness correct? Thank You Linda

26 Jul 2021

Cynthia E Ross

24 Mar 2021

Alabama Notary: I received docs from the State of FL. They requested that the notary may act as witness & notary on land sale. Also spouse (husband) may act as second witness on both the the Limited POA and the Assignment of Interest in Tax Deed Surplus Proceeds (financial) for the wife AS she signs as SELLER/OWNER. Is this a Conflict of Interest for the notary and spouse.

31 Mar 2021

Sree

05 Mar 2021

CA Notary public, If the power of attorney document requires the two witness to sign the document are they still required to sign my book as a notarization? Do I also need to collect their ID? and record it in the same line as the actual signer or a different journal entry?

08 Mar 2021

Hello. You would only record a journal entry for the document witnesses in your Notary journal if you are directed to notarize the witness' signatures.

Terry Pretzer

29 Oct 2020

My mother is in assisted living and they have a policy no one can simply witness a POE notary signing. Only two can visit inside during Covid. How can we solve THAT?

Hello. You would need to either contact the assisted living staff to find out if they will permit any other options for notarizing your document, or contact an attorney to ask if there are any other legal alternatives you can take to complete your paperwork.

ana_cuc6@yahoo.com

24 Oct 2020

If the document requires the two witness to sign the document are they still required to sign my book as a notarization? Do I also need to collect their ID? and record it in the same line as the actual signer or a different journal entry?

27 Oct 2020

Hello. To help us answer your question can you please tell us what state you are commissioned in?

William Kip Heath

19 Sep 2020

Here in GA. Can a notary also sign as a witness? Some say yes some say no.

22 Sep 2020

Selecia E Young-Jones

18 Sep 2020

Can a Notary in Florida be one of the witnesses on a POA?

23 Sep 2020

Cheryl Kaster

12 Sep 2020

I do not want my name to appear anywhere in the notarized document but in the proper places as required for the notarization. I believe it is a conflict of interest and only presents an opportunity for me to be called into court unnecessarily.

James D

31 Aug 2020

In GA real estate law, the notary is the official witness and then is required to have one more person witness the signing,which can be another notary as long as they are not also notarizing their own name. My approach is always to notarize the signer's signature and the witness signature and then indicate on the 2nd witness line (if there is one) to see notary signature below as 2nd witness. I have never had an issue with this approach, but please advise if this is an incorrect approach.

01 Sep 2020

Patricia Tyler

19 Aug 2020

I read through FL law and it doesn't mention being able to witness a document. We verify signatures (Acknowledgement) and witness signatures with oath/affirmations. We can however, be a signature witness to a document only if the Notary isn't Notarizing the signatures of the witnesses. On the FL Governor's Notary website, in their list of FAQs, it says this: "Q: Can I sign a document as one of the witnesses if I am also acting as the notary public for that transaction? A: Generally, a notary public may sign as one of the witnesses and as the notary public on a document. In fact, it is a common practice among Florida notaries, particularly on real estate transactions. Typically, you will see the title clerk sign as one of the two required witnesses and then notarize the document signer's signature. In addition, a Florida court has held that "there is nothing to prevent a notary from also being a witness." See Walker v. City of Jacksonville, 360 So.2d 52 (Fla. 1st DCA 1978). However, before signing as a witness, the notary should ensure that the document does not require the notarization of the witnesses' signatures. For example, a self-proof affidavit on a will or codicil requires the notarization of the signatures of the testator and both witnesses. If the notary signed as a witness in this instance, he or she would be notarizing his or her own signature, which is a criminal violation of the notary law."

Wesley Morris

10 Aug 2020

In the first article you stated that Florida is one of the states that require witnesses be present when signing a deed or mortgage involving real property. It is my understanding that this is true for a deed (warranty deed) but that a mortgage in Florida does not need witnesses and only needs to be notarized. Please correct me if I am wrong.

Donna

17 Jun 2020

I am in Arizona. I am doing a notoration for my client that is going to hand two witnesses present. Do I put whe witnesses in my notary journal?

Jennifer

13 May 2020

Should witnesses get a signed and notarized copy of a document in which their signature is on as a witness? If they do get a copy via online notary is it legal for them to get a signed and notarized final copy of the document?

Peter Sherman

12 Mar 2020

Would you give me the name of the case, pertaining to the notary being both the notary, & the whitness?

13 Mar 2020

Hello. We apologize for any confusion, but do you mean you are looking for a specific state statute? If so, can you tell us for which state, please?

Ariele M. Huff

29 Feb 2020

Need to know if we can get witness signatures BEFORE taking end of life documents to be notarized. We just don't have anyone to take in to an office.

04 Mar 2020

Hello. You would need to contact the agency that issued the documents or a qualified attorney for instructions how to proceed with this issue.

Lourdes

16 Jul 2019

I notarize an acknowledgement earlier today that required two witnesses to acknowledge the persons signature but it asked for another witness under my signature. Can one of the two witnesses sign that witness signature or does it require a third individual as a witness? And am i supposed to include them in the journal entry to confirm their identity with a form of ID?

22 Jul 2019

Vene

07 Jul 2019

Excellent discussion/information

Michael Lee

01 Jul 2019

Kansas DOES allow a notary to also sign as a witness EXCEPT in the case of a Last Will And Testament. A notary may not serve as both a witness and a notary public on a will. K.S.A. 59-606 requires the notary public to notarize the signature of the testator and the witnesses. Because a notary cannot witness and notarize his or her own signature, a notary may not serve as both a witness and the notary on a will executed in Kansas. Kansas Notary Handbook

Andrea Calderon

02 Apr 2019

I am a notary in Washington state, and have been asked to service as a signature witness as well as notarize the document. Is this acceptable?

03 Apr 2019

Hello Andrea. Since Washington does not specifically address this issue in its Notary statutes, the safest course would be not to serve as both a document witness and Notary. Witnessing a document may require you to sign the document — which could create a conflict of interest if you are asked to notarize other signatures on the same document. The easiest way to avoid possible conflicts is to choose to act officially as a Notary or privately as a document witness — but not both for the same transaction.

Debbie skiles

04 Sep 2018

I’ve been requested to act as a witness, in addition to, notarizing a document created by a lawyer that will be present at the signing. With his presence, would it be considered a conflict of interest?

05 Sep 2018

Hello Debbie. We're sorry, we would need more information in order to answer your question. Your best course may be to speak with one of our Notary Hotline counselors at 1-888-876-0827. If you can provide the counselor with additional information such as what state you are calling from and whether you are notarizing the lawyer's signature on the document, the counselor should be able to assist you.

Kenneth A Henrich

07 May 2018

I've signed as a witness and also notarized signatures on the same document many times. As long as it is ok with the title co and lender, and does not violate state law you will be fine.

Evan Hennessey

So in California, if I notarize someone's signature on a Power of Attorney and they later bring it back and want me to certify a copy of it, I should decline because I'm now named in the original document? Seems like these examples are outside the intent of maintaining impartiality and avoiding a conflict of interest.

08 May 2018

Notarizing a document in your official capacity is not the same as signing a document as a private individual.

Charles Tolliver II

In Louisiana, the purpose of having witnesses is to create a special document type called an Authentic Act. Under Louisiana law, an Authentic Act in court can not be disputed to having been signed by the signer.

Lorraine W. Pereverziev

Can you explain what the conflict of interest would be in notarizing a document and acting as a witness on the document, please? I am a California notary and have never come up on the idea of the possible conflict. Any illumination would be helpful and much appreciated.

Hello Lorraine. For example, if the Notary signed a document acting as an individual witness, but the Notary was then asked to notarize other signatures on the document, the Notary's impartiality could be called into question because the Notary is already named in a separate individual role in the document. Generally, Notaries are considered to have a possible conflict of interest when notarizing a document the Notary benefits from, is a party to, or is named in.

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What is a document witness?

Can a Notary be a document witness?

"Witnessing a signature" vs. being a document witness: What’s the difference?

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