The National Notary Bulletin

Are witnesses still required for an out-of-state document?

By NNA Staff

I am a Michigan Notary and I am notarizing documents for a Florida property purchase. One of the title company documents indicates that two witnesses are needed. Since I am in Michigan, and we don't have a rule that states there must be two witnesses, are the witnesses still required? — N.P., Michigan

Yes. Although Michigan does not require witnesses, the state where the document will be filed does. If your document indicates that two witnesses are required, then the signer must provide those witnesses.

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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6 Comments

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Cyncie Scott

11 Sep 2023

If I was sent but not to me to a relative a notary for request of waiver for a representative to be in charge of assets and estate for a lawsuit of wrongful death and the waiver lists my address wrong and I was not present to see it stamped but it was mailed back to representative appointed for probate court is that document legal

National Notary Association

11 Sep 2023

Hello. We're sorry, but that is a legal question that requires contacting a qualified attorney to answer.

Karissa Arnold

24 Oct 2022

I am a michigan notary and siging sellers who are signing here in MI but property is in Florida. They want me to be a witness and I'm the notary and get the sellers to find 2nd witness. Can I be a notary and witness? I'm thinking no..

National Notary Association

10 Nov 2022

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.

joe freitas

14 Dec 2020

Can a MA notary, while wintering in FL, notarize docs for MA transactions? can he notarize docs for FL residents and/or transactions that will record in FL?

National Notary Association

15 Dec 2020

Hello. No, MA Notaries are not authorized to perform notarizations while physically outside the borders of Massachusetts.

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