May A Notary Also Act As A Document Witness For A Will?

By NNA Staff on May 09, 2018 in Hotline Tips

Can I notarize a will and power of attorney and also sign as the witness? — F.L., Texas

You may notarize a will or power of attorney if a Notary certificate is provided or you are directed by the signer. Next, while acting as both a witness and Notary is not specifically prohibited in Texas, it is always best to be one or the other and not both. Some documents require the witness to be named in the document itself. If a Notary were named in the document as a witness, it could potentially be a conflict of interest for the Notary to then notarize the signatures on the document.

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

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Notary Tip: Requests To Serve As A Document Witness

5 Comments

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Dale Michelson

14 May 2018

Why can I not see behind this page without filling out this form?

National Notary Association

15 May 2018

Hello. There should not be anything blocking your access to viewing our articles. If you need assistance, please contact us at social@nationalnotary.org with a description of the issue and the type of device you are using to view the article and we will try to assist you in resolving the problem.

James

15 May 2018

It's my understanding that when you act as a witness to a signing, you're acting as a private citizen, not as a notary; and it's therefore inappropriate to act as both within the same document, therefore, you can't be a regular witness AND a notary in the same document.

Barbara Holland

14 Aug 2018

Florida - James, you make an excellent point however the legislature apparently has not figured that out. I can be a witness to any document EXCEPT a Will. Florida's wills are self-proving. The signatures of the witnesses are also notarized .

Judy Hayes

14 Aug 2018

It would NOT be appropriate for a Notary to also be a witness on a Will in Florida if the will is a self-proving will (which most are now). The self-proving will has the Notary attesting to the fact that the witnesses are signing, therefore the two witnesses must be independent from the Notary.

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