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Notary Bulletin

May I Serve As A Witness And A Notary For The Same Document?

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Can I be a witness on a document I am notarizing?H.H., Texas

The State of Texas does not prohibit you from acting as a witness and the Notary on the same document. However, if the witness signature needs to be notarized you must excuse yourself from being a witness.

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, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

 

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20 Comments

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Leslie Manley

16 Oct 2017

For a Corporate Certification can I be notary and witness for a document in the state of Arizona,.

National Notary Association

17 Oct 2017

Hello. In Arizona, a Notary cannot perform a notarization on a document if the Notary is an officer of any named party, if the Notary is a party to the document or if the Notary will receive any direct material benefit from the transaction that is evidenced by the notarized document that exceeds in value the maximum statutory notarization fee (ARS 41-328[C]). However, stockholders, directors, officers or employees of a corporation may notarize a document affecting the corporation, unless the Notary is, individually or as a corporate representative, a party to the document (ARS 41-320). Officers, directors and members of cooperatives may take acknowledgment of documents involving the cooperative (ARS 10-2082).

SueAnn

01 Aug 2018

Can I be a witness and a notary for a document in the state of Texas? I am not notarizing the witness signature just the document

National Notary Association

02 Aug 2018

Hello. Texas Notary law does not provide specific guidelines whether a Notary may also serve as a document witness. In such cases, the safest course is to turn down requests to both notarize the signature and act as a document witness. For more information, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

Rose Edwards

18 Apr 2019

I live in Texas my cousin notarize my mom Will and was a witness. Is this legal? Nor did my mom sign her name on the book nor her driver license.

National Notary Association

22 Apr 2019

Hello.Those are legal questions that would need to be answered by a qualified attorney.

bonniejbrogan

01 Jul 2019

sign as a witness on a deed of trust in CA being the notary as well?

National Notary Association

03 Jul 2019

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.

Susan

17 Sep 2019

On a will can the notary notorize the will and also serve as a witness with their stamp and a single signature

National Notary Association

19 Sep 2019

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.

Yvonne Nichols

10 Sep 2020

Notery on a will used another notery at same business as a witness is this ok in Texas

National Notary Association

11 Sep 2020

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

Patricia Vestal

16 Nov 2020

I have been presented with a typed "piece of paper" saying my husband's sister signed this paper in February 2020 giving her car to her housekeeper/friend upon her death. She died in August and now the paper has come to light. The document was witnessed by the housekeeper's boyfriend and notarized-the notary also signed the document and used her notary stamp. Question: can she legally sign as notary AND witness?This is in Texas

National Notary Association

17 Nov 2020

Hello. According to the Texas Secretary of State's website (https://www.sos.state.tx.us/statdoc/faqs2300.shtml#np12), notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. Any questions about the legal validity of the document would need to be answered by a qualified attorney.

Kolten Kranz

21 Dec 2020

Can I be a witness and notary on the same document in MN?

National Notary Association

29 Dec 2020

Hello. Minnesota has restrictions on witnessing and notarizing certain health care documents: “(a) A health care agent or alternate health care agent appointed in a health care power of attorney may not act as a witness or notary public for the execution of the health care directive that includes the health care power of attorney. “(b) At least one witness to the execution of the health care directive must not be a health care provider providing direct care to the principal or an employee of a health care provider providing direct care to the principal on the date of execution. A person notarizing a health care directive may be an employee of a health care provider providing direct care to the principal” (MS 145C.03, Subd. 3).

Carrie

16 Feb 2021

I am an Arizona notary and have been asked to witness and notarize a South Carolina power of attorney. Can I perform both acts?

National Notary Association

10 Mar 2021

In Arizona, a document from another state can be notarized. Additionally, there is no law in Arizona that addresses a Notary public also acting as a witness. Please note that the Notary should NOT act as a witness if the witness signature has to be notarized.

Carlen

07 Apr 2021

I am in South Carolina and would like to ask a question about witnessing a document as a Notary and providing a certificate. What type of certificate, if not an acknowledgement certificate.

National Notary Association

13 Apr 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.

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