What Every Notary Needs to Know About Witness Requirements

Notarizations often require additional witnesses, but the rules vary depending on the state and the type of document being notarized. Understanding witness requirements is essential to ensure compliance and prevent delays, whether you’re notarizing real estate transactions, wills, or power of attorney documents.

This guide will explain when a witness is needed, who qualifies, and how to find one when required.

When Is a Witness Required?

Certain legal documents require a witness in addition to a notary public. The role of a witness is to verify that the signer executed the document voluntarily and without coercion.

Common Documents That Require Witnesses:

• Real Estate Transactions – Some states require witnesses for deeds, mortgages, or property transfers.
• Wills and Trusts – Many states mandate two witnesses for wills to ensure validity.
• Power of Attorney (POA) – Some states require one or more witnesses in addition to notarization.
• Medical Directives – Living wills and healthcare proxies often require witnesses.

Since laws differ by state, notaries should always check their state’s regulations before proceeding with a notarization that requires witnesses.

Who Qualifies as a Witness?

Not all individuals can serve as witnesses in a notarization. States impose specific requirements to ensure impartiality and legal compliance.

Witness Requirement	Typical Qualifications
Age	Must be 18 years or older.
Competency	Must be of sound mind and capable of understanding the process.
Disinterest	Cannot be a party to the document or have a financial interest in the transaction.
State-Specific Rules	Some states restrict family members or spouses from serving as witnesses.

Before a witness signs a document, the notary should confirm that they meet all legal qualifications to prevent the notarization from being challenged.

How to Find a Witness

Finding a witness for a notarization can sometimes be challenging, especially for clients who don’t have one readily available. Here are some options:

Ways to Find a Witness:

• The Signer Provides One – This is the preferred method, as it ensures the witness is someone the signer trusts.
• Office or Business Staff – If notarizing at a law firm, bank, or real estate office, staff members may be available to serve as witnesses.
• Professional Witness Services – Some mobile notaries offer witness services for an additional fee.
• Public Locations – Libraries, community centers, or courthouses may have staff who can witness signatures.

If a notary is asked to provide a witness, they should ensure the witness meets all legal qualifications.

Can a Notary Serve as a Witness?

Sometimes, a notary may also serve as a witness, but this depends on state laws and the document type.

Factors to Consider:

• State Laws – Some states explicitly allow notaries to serve as witnesses, while others prohibit it.
• Notary Journal Entry – If acting as both a witness and a notary, the notary should record both roles in their journal.
• Document Restrictions – Some documents, such as wills, require separate witnesses not involved in notarization.

If unsure whether they can act as both a notary and a witness, notaries should consult state guidelines to avoid legal complications.

Best Practices for Notaries Handling Witness Requirements

Notaries should follow best practices when handling witness requirements to ensure smooth and legally compliant notarizations.

Tips for Notaries:

• Confirm Witness Eligibility – Always verify that the witness meets state-specific requirements.
• Communicate Requirements Clearly – Inform the signer in advance if witnesses are needed so they can bring qualified individuals.
• Maintain Proper Documentation – Record witness names in your notary journal if required by state law.
• Avoid Conflicts of Interest – Never act as a witness if it could compromise the integrity of the notarization.

By following these steps, notaries can avoid delays, prevent errors, and ensure that documents hold up in legal proceedings.

Understanding Witness Requirements Keeps Notarizations Legal and Efficient

Knowing when a witness is needed, who qualifies, and how to find one is essential for every notary. Since witness requirements vary by state, staying informed and following best practices will help you conduct notarizations smoothly and legally.

For more guidance on state-specific witness rules and notary best practices, visit the Notary Public Association for valuable resources and updates.