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National Notary Association
The National Notary Bulletin

Can A Notary Witness And Notarize, Too?

By NNA Staff

New Hotline Resized 3When a document requires two witnesses and notarization, can the Notary act as one of the witnesses as well as notarize? — D.M., Pennsylvania

It is not recommended and may even be improper. For example, if a Notary witnessed the signing of a last will and was asked to sign an affidavit to make the will “self-proving,” it would be highly improper for the Notary to notarize his or her signature as a witness on the self-proving affidavit. The NNA always recommends that in cases in which a document must be witnessed and notarized, the Notary serve as either a witness or Notary, but not both.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

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52 Comments

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Gerald Pope

30 Aug 2024

I n California my will only has 2 lines for witnesses. I have no one to witness signature. Can I sign and have a notary stamp the form verfying my signature.

National Notary Association

03 Sep 2024

Hello. We're sorry, but that is a legal question that would need to be answered by a qualified attorney.

Lindsey

18 Jul 2024

Thank you for the quick response my notary commission is in Clark County Nevada.

National Notary Assocaition

23 Jul 2024

Thank you, Lindsey. While you are not prohibited from applying for a Notary commission in Nevada if you are a realtor, there are some restrictions on notarizing documents you have a financial or beneficial interest in. In Nevada, “A notary public may not perform a notarial act if: “(a) The notary public executed or is named in the instrument acknowledged, sworn to or witnessed or attested; “(b) Except as otherwise provided in [NRS 240.065] subsection 2, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act; (NRS 240.065[1]): There is an exception for attorneys: “A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act” (NRS 240.065.2).

Lindsey

13 Jul 2024

Can a notary also be a realtor? And if I'm a realtor can I notarize loan documents for my clients?

National Notary Association

15 Jul 2024

Hello. While there is no specific prohibition against holding a Notary commission if you are a realtor, depending on your state's laws, there may be a potential conflict of interest in notarizing documents for your clients. If you can tell us what state you are commissioned in, we can provide you with more details about your state's disqualifying interest rules.

Shannon

11 Jun 2024

In MA can a notary sign both as a witness and a notary? I’m also a federal employee, for federal forms, like an advanced directive, can a notary sign as both a witness and notary?

National Notary Association

14 Jun 2024

Hello. Massachusetts Notaries may not notarize a document they are named in, unless the Notary is named in the document for the sole purpose of receiving notices relating to the document; or the Notary is licensed as an attorney in the commonwealth or is employed by an attorney so licensed and is named as an executor, trustee or any other fiduciary capacity in a document (GL 222, Sec. 16). If you are signing the document as a witness in a private, individual capacity, then are also asked to notarize the document in your official capacity as a Notary, that would be a conflict of interest as described above. Please see this article on document witnessing requests for more information: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

Amy Sumner

04 Jun 2024

Can a notary act as a witness on the same document in North Carolina?

National Notary Association

07 Jun 2024

Hello. No, the Department of the North Carolina Secretary of State has construed G.S. 10B-20(c)(5) to prohibit a Notary Public from acting as both a witness to the signing of a document and Notary Public on the same document.

Amber

18 Dec 2023

Notary can prepared, signed witness both parties and notarized a quick claim deed in florida? Where I can find the article , statute

National Notary Association

18 Dec 2023

Hello. A Florida Notary commission does not authorize the Notary to prepare legal or real estate documents. Any preparation of such documents should only be performed by a qualified professional authorized to do so. In Florida, according to an FAQ on the Executive Office of the Governor's website: “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. The notary should also certify in the notarial certificate the name of the person whose signature is being notarized. Absent such specific notation, the law presumes that all signatures were notarized. Thus, the notary could unintentionally notarize his or her own signature if the notarial certificate is not specific. Therefore, providing that the document does not require the notarization of the witnesses' signatures, the notary may be one of the two subscribing witnesses as well as the notary public.” (Executive Office of the Governor's website, “FAQ” https://www.flgov.com/wp-content/uploads/notary/FAQ.pdf).

twrightriff@gmail.com

10 Nov 2023

I have never done an Estate planning notarization and they ask for the notary to bring 2 witnesses, who am I allowed to bring? How does that work? I am in Colorado.

National Notary Association

14 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.

Mary mason

10 Nov 2023

Had a notary , notarize and stamp a living will , when the person passed away the will was not valid because the notary did not make sure it had two witnesses, can they be held responsible for the loss of the house that was left to that person, state is Mississippi

National Notary Association

13 Nov 2023

Hello. We're sorry, but that is a legal question that would need to be answered by a qualified attorney.

mpritchard@johnstonassociateslaw.com

25 Aug 2023

Do you need to log in your book that you were a witness to a Will?

National Notary Association

28 Aug 2023

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

Yesenia Escoto

17 Aug 2023

As a signing agent, can you be the witness as well as the notary? In TX RON for a MD seller pkg. 2 docs had a witness line

National Notary Association

21 Aug 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.

CAS VENETHONGKHAM

20 Jul 2023

Hello. If the will is not notarized, can the notary be a witness? And if the document is not a will, but let's say an advance directive that is being notarized and witness, can the notary be the witness for that document AND notarize?

National Notary Association

21 Jul 2023

Hello. Any questions regarding who may serve as witness to a will or advanced directive would need to be answered by a qualified attorney. For more information on potential issues when a Notary is asked to also serve as a separate witness, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

Albie Q

20 Jul 2023

Your information is incomplete. In Florida, according to the Department of State website, it is permitted and common practice for Notaries to also serve as witnesses to Real Estate documents. Pls read the regs.

National Notary Association

21 Jul 2023

Hello. We discuss Florida witnessing guidelines in more detail here: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

September Gray

01 Jul 2023

In the state of Texas, my late great-uncle completed his final will and testament with a self-proving affidavit in May of 2022. The will itself is 8 pages and the affidavit is 4 pages. I was not present during the notarizing of said document, but the 2 witnesses that signed in the presence of the notary, are actually conflicts of interest. The first witness being designated as the first choice for executor and beneficiary in many areas, whereas the second witness is beneficiary of his digital assets and residuary estate. I am curious if it is required for a notary to have general knowledge of the documents they are notarizing, or if they are required to read them with the clients?

National Notary Association

03 Jul 2023

Hello. Notaries in Texas are ministerial officers with strictly defined duties. Nonattorney Texas Notaries are not authorized to prepare documents or advise clients on documents.

Lenore A George

02 May 2023

I am in Wisconsin. Can an attorney author an amendment to a trust, sign it as a witness and also notarize(all three) that amendment??

National Notary Association

04 May 2023

Hello. We cannot answer legal questions about the authority of an attorney to amend a trust or sign as a witness on a document. However, we can tell you that in Wisconsin, “A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse or domestic partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (WS 140.04[2]).

Riley Flanagan

29 Jun 2022

I did a signing yesterday in CA for a property sale in Florida… I notarized it and then was sent an email saying I did not sign the witness statement for the affidavit and warranty deed. Typically, I never need a witness in CA, no other witness was present for signing (so I left blank) and I was told I was suppose to notarize and be the witness after the fact. Is this true/legal?

National Notary Association

30 Jun 2022

Hello. Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and spoke to them directly about 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.

Jay Watts

17 Jun 2022

I am an attorney and also a notary in IL. Can I notarize the signatures of the two witnesses of my own Last Will and Testament?

National Notary Association

22 Jun 2022

Hello. No, you may not notarize in this situation. In Illinois, “A notary public shall not acknowledge [sic] any instrument in which the notary’s name appears as a party to the transaction” (5 ILCS 312/6-104[b]).

Beverly Adamberry

02 May 2022

My brother had his attorney who is also a notary had my Mother who was alone at home and is 88 sign POA paperwork and there was no witness. When I called the attorney he stated that he can be his own witness. I believe that is not true. Here in Austin Texas

National Notary Association

26 May 2022

Hello. According to the Texas Secretary of State's website: “Notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper” (website, “Frequently Asked Questions for Notaries Public”). If you have concerns about the attorney's conduct you also may wish to contact the Texas State Bar to report the situation and ask what options are available to you.

Mary

28 Apr 2022

In the state of Virginia, can a notary be a witness as well as a notary?

National Notary Association

18 May 2022

Hello. Virginia does not provide specific guidance for Notaries on this issue. The NNA recommends in states that do not provide specific guidance that you turn down requests to serve as both a document witness and Notary. Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

Matthew Joseph Bakes

15 Mar 2022

A notary acted as a witness and the document looks fraudulent, its a revocation of a trust but my Dad was confused and disoriented due to dementia and died 4 days later. Medical records show these allegations. The notary made my Dad make an "X". Is this legal? I was not there and my Dad made me the Trustee to the trust. The whole event was underhanded to say the least.

National Notary Association

17 Mar 2022

Hello. We're sorry, but any legal questions you have about the validity of a document would need to be answered by a qualified attorney.

Nataliya

16 Jan 2022

Thank you

Florence Himmel

26 Oct 2021

Can a notary in PA be a witness to a party's signature on a Pre Nuptial Agreement and also notarize the signatures of both parties to the Agreement?

National Notary Association

29 Oct 2021

Hello. Please see this article for more information on witness requests: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

Vickie Corwin

17 Sep 2021

In the State of Florida if I have a two page quick claim deed on an Amendment to a family Trust with the 2nd page has a stand alone notary seal and verifies signature with DL license. Page 1 has stand alone signature with no notary seal. Can the notary be a witness to the signature on the first page?

National Notary Association

17 Sep 2021

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.

Ellen Welsh

08 Oct 2019

The deed for selling real property in Florida needs two witnesses and I have been instructed on numerous cases that I can act as one of the witnesses.

MisterJ

04 Jun 2019

NNA, you keep saying that non-attorney notaries absolutely cannot prepare wills. But what about all those paralegal offices that do "document preparation" including simple wills for clients, with no attorney involved in the process at all?

National Notary Association

04 Jun 2019

Hello. We can't speak for paralegals or other legal professionals. But that does not change the fact that nonattorney Notaries who provide unauthorized legal services--including preparing legal documents such as wills--can face severe civil and criminal penalties and potential liability for doing so. Many states require Notaries to post a written notice explaining they are not attorneys licensed to practice law, cannot offer legal advice or accept fees for legal services.

LDavis

15 May 2019

Your answer to C Ortiz. I have a friend that asked me to assist in preparing his last will. I told my friend, I can help him prepare it, but he would have to find another notary to notarize his will. I live in Nevada. Is this illegal to do? I haven't done it yet, but if it's illegal as a notary, I will decline to assist.

National Notary Association

15 May 2019

Hello. Nonattorney Notaries may not prepare a legal document or give advice on how to fill out, draft or complete a legal document. Please see here for more information: https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notary-basics-avoiding-unauthorized-practice-of-law

CARMEN BIANO

14 May 2019

In California, I understood that a Notary can be a witness and perform the notary provided the signature of the witness is not required to be notarized.

C Ortiz

13 May 2019

Can a notary prepare a will and notarize it as well but not serve as a witness?

National Notary Association

13 May 2019

Hello. Notaries are not authorized to prepare legal documents such as wills for customers. For more information, please see here: https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notary-basics-avoiding-unauthorized-practice-of-law

chitravrajan2017@gmail.com

13 May 2019

Part of the learning

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