Notary Essentials: Using credible identifying witnesses

Updated 3-5-24. Identifying signers is the Notary's number one duty. So what do you do if the signer lacks a driver's license or other forms of satisfactory ID? One option permitted in some states is to have one or more credible witnesses who can vouch for the signer's identity.

In this article, we answer commonly asked questions from Notaries about credible identifying witnesses, including:

What is a credible identifying witness?
Can a credible identifying witness be related to the signer?
How well must a credible identifying witness know a signer?
What type of ID can I accept from a credible identifying witness?

What is a credible identifying witness?

A credible identifying witness is an individual who knows and can verify the identity of a signer.

The witness appears at the time of the notarization and takes an oath or affirmation before the Notary that the signer is who they claim to be but lacks other forms of ID. Essentially, a credible identifying witness serves as a human ID card for the signer.

Typically, an identifying witness must personally know the signer and the Notary. Texas, for example, permits the use of a single credible witness who is personally known to the Notary for acknowledgments (Civil Practice and Remedies Code Section 121.005) or a credible identifying witness either personally known to the Notary or who provides qualifying identification for any other notarial act for which the signer must be identified (Texas Administrative Code 87.40 (2)). Some states, such as California and Florida, permit the use of two credible identifying witnesses who aren’t known by the Notary personally but do know the signer and present proof of their own ID (such as a driver’s license).

Can a credible identifying witness be related to the signer?

Being related to the signer doesn’t automatically disqualify a witness, but some states have laws stating that an identifying witness must be unaffected by the transaction (Massachusetts and Nebraska). In North Carolina, a Notary must believe the individual is not a party to or beneficiary of the transaction. Witnesses in California and Florida must swear as part of their oath that they do not have a financial interest in, nor are parties to, the underlying transaction. Depending upon the nature of the transaction, a close family member may not qualify to be a credible identifying witness.

For example, if a person asks you to notarize a document transferring ownership of a vehicle from the signer to his father, the father would not be “credible” as a witness because he stands to benefit from the transaction. However, if the father isn’t named in the title transferring the vehicle, he could serve as a witness.

How well should the credible identifying witness know the signer?

Technically, this isn’t the Notary’s call. If you personally know a credible identifying witness you may also know that the witness also knows the signer. However, you do not have a duty to investigate the relationship between a signer and witness. Your only duty is to properly administer the oath or affirmation compelling the witness to swear or affirm that he or she knows the signer. (Of course, if the witness lies in swearing to know the signer, the witness will be subject to the penalty of perjury.)

What kind of ID can I accept from a credible identifying witness?

Many states that allow only one credible identifying witness require the witness to be personally known by the Notary. In these states, witnesses are not required to present ID. However, in some states — such as Arizona, Iowa, North Dakota, Oregon and West Virginia — one witness may present an identity document.

In these states as well as the states that allow for two identifying witnesses, a witness’s ID must come from the same statutory list of acceptable IDs that applies to the signer.

In states that don’t specify a particular form of ID, you may accept the same type of ID that you would ask of any signer.

Unsure how to perform a notarization? Want to brush up on your skills? Notary Essentials can give you the expertise you need to perform the most common notarial acts in your state with ease and accuracy.

5 steps to a proper notarization

Notary Basics: How to deal with unreliable or suspicious ID

How to record credible witness information in your California Notary journal

How to record credible witness information in your Texas Notary journal

How to record credible witness information in your Notary journal

Additional Resources:

NNA Hotline

70 Comments

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Deb

19 Oct 2015

Is there a time limit/deadline in which a notary must notarize an executed mortgage document? Doesn't 145 days seem excessive?

National Notary Association

20 Oct 2015

Hello. As long as the signer shows up before the Notary to acknowledge signing the mortgage, the requirement for an acknowledgment has been met. We are not aware of any imposed deadline for notarization such as "145 days," but one thing that should be kept in mind is that the loan will have a rate lock. If the borrower doesn't sign the documents (including the mortgage) within the window of time determined by the lender, the rate lock will expire and the rate could possibly go up (or down).

Maria Barraza

10 Oct 2016

Love this articles that freshmen up our knowledge

GerryB

06 Feb 2017

This was good for me, I kinda knew how to do a credible witness but wasn't sure about if they were related, had an issue come up and the mother was not a recipient of any personal gain so I used the "credible witness" form that I got from you (very short and easy to add to the document) so I did it right. Now know for sure, Thank you for putting these quizzes in as well. You guys are great!!!!

Karen Marshall

21 May 2017

When the credible identifying witness completes the affidavit, does that form remain with the document being executed by the signer or does the notary need to retain the affidavit for our records?

22 May 2017

Hello. State rules regarding use of credible witnesses vary. To help us provide you with the correct information for your jurisdiction, can you please tell us what state you are commissioned in?

DianneP

Credible Witness for the state of Md, could not find information in the handbook if this is allowed.

23 May 2017

Hello. Maryland does not provide guidelines for the use of credible identifying witnesses. The state Handbook for Notaries Public says, "“Satisfactory proof is that amount of proof which is sufficient to convince the notary public that the person making the acknowledgment is the person described in the document, and the one who executed it. A good rule for a notary public to follow would be to require such proof of identification as he or she would require to cash a very large check for that person."

John Axt

09 Oct 2017

In Florida, the use of a single credible witness known to both the subject and the notary is authorized under the law. Two credible witnesses must used if the notary does not know them. There is also an affidavit that the credible witnesses sign. This should be kept by the notary.

Francine Arcoleo

How can I get a copy of the Credible Witness form? Thanks.

10 Oct 2017

Hello Francine. A credible witness is simply a method of identification-essentially a "human ID card." It is not a separate notarial act.

Gerard Ashton

My state (VT) has no requirement that the signer lack identification documents, and the credible witness need not swear to a lack of identification documents. Situations where this could come up would be the identification documents having a different version of the name, or the document with the right version of the name being inaccessible (say, in a safe deposit box).

Kelly

08 Oct 2018

New California notary here. I would fill out an affidavit for the credible witness, then do I do an acknowledgement form fot whatever the signer signs as well? Does the affidavit stay with the document or should I keep it in my files?

Hello. Just to clarify, you do not need to fill out separate Notary certificate wording for a credible identifying witness, because you are not notarizing for the witness--only the signer the witness is identifying. You would complete the appropriate statutory certificate wording for the notarization required by the signer, and record in your journal that the signer was identified by one or more credible identifying witnesses. Essentially, you should think of the credible witness as a human ID card being used to identify the primary signer. For more information on credible witnesses in CA, please see here: https://www.nationalnotary.org/notary-bulletin/blog/2018/09/record-credible-witnesses-california-notary-journal

albert a stiga

09 Oct 2018

Is Missouri a credible witness state

10 Oct 2018

Hello. Missouri Notaries may identify a signer using two credible identifying witnesses (RSMo 442.200). The names and places of residence of these credible witnesses must be inserted on the certificate (RSMo 442.210).

Rita rita

12 Oct 2018

In my country,indonesia, we use ID or pasport.. cannot use driving lisence.. And no matter what, we must have two witnesses.. And no matter what, we have to use two

jamie

13 Mar 2019

can a minor use creditable witness ?

15 Mar 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.

Alexander Chan

23 Aug 2019

Want to confirm in California, using a Credible Witness can remedy name discrepancy. Due to time and life changes, Client ID has shorter version of name on document to be notarized.

Hello. In California, a signer may only use credible identifying witnesses if the signer possesses no other form of ID and is unable to obtain other ID. For more information, please see here: https://www.nationalnotary.org/notary-bulletin/blog/2018/09/record-credible-witnesses-california-notary-journal

Jerry Lucas

14 Oct 2019

Some states do not allow using a credible witness. Some states allow a credible witness to identify the signer with a verbal sworn statement. Some states require a credible witness to sign a sworn notarized affidavit. I did research on this topic and wrote a detailed article at https://abclegaldocs.com/blog-Colorado-Notary/affidavit-of-identity-by-credible-witness/

Ann

30 Aug 2020

In New York State, can you have two credible witnesses to notarize a document when the signer does not have proper identification?

01 Sep 2020

Hello. New York does not set statutory guidelines for acceptable signer ID. The New York Notary License Law guide published by the Department of State says the following: “The thing to be known is the identity of the person making the acknowledgment with the person described in the instrument and the person who executed the same. This knowledge must be possessed by the notary (Gross v. Rowley, 147 App. Div. 529), and a notary must not take an acknowledgment unless the notary knows or has proof that the person making it is the person described in and who executed the instrument (People v. Kempner, 49 App. Div. 121). It is not essential that the person who executed the instrument sign his name in the presence of the notary.”

02 Sep 2020

Hello, can you please clarify these statements in layman’s term. Thanks New York does not set statutory guidelines for acceptable signer ID. The New York Notary License Law guide published by the Department of State says the following: “The thing to be known is the identity of the person making the acknowledgment with the person described in the instrument and the person who executed the same. This knowledge must be possessed by the notary (Gross v. Rowley, 147 App. Div. 529), and a notary must not take an acknowledgment unless the notary knows or has proof that the person making it is the person described in and who executed the instrument (People v. Kempner, 49 App. Div. 121). It is not essential that the person who executed the instrument sign his name in the presence of the notary.”

03 Sep 2020

Hello. As stated in the first sentence you quoted, New York does not set statutory guidelines for ID. That means New York does not provide a list of specific IDs Notaries can accept from signers and does not require specific elements in a signer ID to make the ID acceptable.

Norma J Montalvo

14 Oct 2020

Hello, I work in a retirement home and a resident needs a document notarized and needs 2 witnesses. Can employees be witnesses to the residents will?

16 Oct 2020

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

Gary M Twing

13 Nov 2020

In CA when using credible witnesses do I add their info and have them sign for every notarization in my journal that I perform for the person that they are being the credible witnesses for?

Hello. Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2018/09/record-credible-witnesses-california-notary-journal

Lisa Myers

01 Dec 2020

Why about Arkansas? I can’t find detailed enough explanations. I have a home bound client.

02 Dec 2020

Hello. Arkansas does not provide statutory guidelines for the use of credible identifying witnesses. According to the Arkansas Secretary of State's website, the Secretary of State’s Office recommends using a government issued identification card that includes the client/signer’s picture and signature, such as a driver’s license or passport.

Arkansas doesn’t do credible witnesses I was informed by you guys. What does the elderly that are home bound do for notarizations ?

04 Dec 2020

Hello. The following is from the "Identification" section of the Arkansas Notary Public & eNotary Handbook (https://www.sos.arkansas.gov/uploads/NHB_2019_Web.pdf) published by the Secretary of State's office: "It is advised to require some form of photographic identification, unless the notary personally recognizes the person whose signature is to be notarized. Nothing is specified in Arkansas law concerning “acceptable” identification. However, it is your responsibility to ensure that the identification presented to you satisfactorily proves the identity of the person appearing before you at the time of notarization. A government issued identification card that includes the signer’s picture and signature is recommended."

Erin Hardin

23 Dec 2020

Is Nevada a credible witness state?

04 Jan 2021

Hello. Nevada permits Notaries to identify a signer using a credible witness: “‘Credible witness’ means a person who: “1. Swears or affirms that the signer of a document is the person whom he or she claims to be; and “2. Is known personally to the signer of the document and the notarial officer” (NRS 240.0025). The credible witness must be present at the time of notarization (NRS 240.1655[4]). An oath or affirmation administered by a Notary to a credible witness must be in substantially the following form: “Do you (solemnly swear, or affirm) that you personally know ___________ (name of person who signed the document) (so help you God)?” (NRS 240.1655[5]).

Ahmad Ford

23 Feb 2021

Hello, do I have to inform client she needs a credible witness for a document that need notarization or is this practicing law?

25 Feb 2021

Hello. If a signer lacks satisfactory identification options such as a driver's license, you may describe other acceptable identification options (such as credible identifying witnesses) and let the signer choose which they wish to use. However, you should not attempt to advise the signer regarding any witness requirements for the document itself, as that would be unauthorized practice of law.

Julie@RiceNotary.com

12 Apr 2021

California: Such debate with colleagues with regard to using a credible witnesses when someone simply hasn’t bothered to get a new ID. Say, a name change because of marriage, or just too busy to get it done. It’s the “unable to obtain ID” that is causing different interpretations. Mostly happening with loan signings. Notary gets there and signer doesn’t have ID in their name. Thoughts?

Torina Perez

16 Jun 2021

Hello, I have no way of identifying myself to get a birth certificate and I'm aware of credible witnesses. Quick question though, is the signing where I'm with the two witnesses separately done or does a notary have to be present for these signings to take place? Also, is this a paper or form that I'm supposed to print out? I looked up and I was a bit confused.

17 Jun 2021

Hello. Credible witnesses serve as identification for a signer during a notarization if the signer has no other acceptable form of ID they can present to the Notary. Essentially, a credible witness is a "human ID card" during a notarization. Being identified by a credible witness is part of the notarization, and cannot take place separately from the Notary.

mitchele1981@gmail.com

26 Sep 2021

I’m in Indiana- for reference- I am not sure of how to find and print these forms. I learned all about these forms in my training and talked with your reps off and on but where are these forms? I might need an Oath or Affirmation tmro! And also does the all purpose acknowledgement kind of take the place of our 3 forms which is what I have heard as well?

28 Sep 2021

Hello. If you are a NNA member, you can access certificate wording for your state by logging into your member profile, selecting "Member Benefits" then selecting "Notary Certificate Forms."

LaRonda

06 Nov 2021

In Florida for a seller only signing and there is an warranty deed, does that document require 2 credible witnesses? if so, can the notary be one witness and the seller provide the other witness? Does an Affidavit of Identity need to be filled in and notarize? Along with the notary journal do the notary sign the witness section as well? Thank you

08 Nov 2021

Hello. Because you have multiple questions, based on what you’ve described, we think it would be best if you contacted our Hotline team by phone so that one of our counselors can assist you in more detail. 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.

AJ

15 Nov 2021

Above, you cite a MO statute that says two credible witnesses are required for a transaction, but that statute pertains specifically to real estate transactions. I have been notarizing other types of documents with just one credible witness present and have not heard that any of those failed to be accepted. Can I continue to assume that other types of documents do not require two credible witnesses, and that one suffices?

Hello. In Missouri, “satisfactory evidence” means “evidence of identification of an individual based on: “(a) At least one current document issued by a federal, state, or tribal government in a language understood by the notary and bearing the photographic image of the individual’s face and signature and a physical description of the individual, or a properly stamped passport without a physical description; or “(b) The oath or affirmation of one credible witness disinterested in the document or transaction who is personally known to the notary and who personally knows the individual, or of two credible witnesses disinterested in the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in paragraph (a) of this subdivision” (RSMo 486.600[21]). No acknowledgment of a document affecting real estate may be taken unless the notarizing officer either (a) personally knows the acknowledger, or (b) bases the identification on at least two credible witnesses (RSMo 442.200). The names and places of residence of these credible witnesses must be inserted on the certificate (RSMo 442.210).

Steve

What are the rules in Hawaii ?

Hello. A Hawaii Notary may identify an individual appearing before the Notary “[b]y verification on oath or affirmation of a credible witness personally appearing before the notary public and known to the notary public or whom the notary public can identify on the basis of a passport, driver's license, or government‑issued non-driver identification card that is valid or expired no more than three years prior to performance of the notarial act” (HRS 456-1.6 “proof of the signer’s signature and identity” [1][D]). “The Notary shall exercise a high degree of care in identifying each … witness identifying a principal, if any, using means allowed or prescribed by law in the state where the Notary is commissioned” (CPR III-B-1). “The Notary may use personal knowledge to identify a … witness identifying a principal, if any, only if the Notary has had substantial and meaningful interactions with the individual over an extended period of time sufficient to dispel any reasonable doubt that the individual has the identity claimed…” (CPR III-B-2). “The Notary shall not perform a notarial act if the Notary has a reasonable belief which can be articulated that the … witness identifying the principal, if any, is being coerced, threatened, intimidated, or otherwise unduly influenced into acting against his or her will or interest” (CPR III-C-1). “The Notary shall not perform a notarial act if the Notary has a reasonable belief which can be articulated that the …. witness identifying the principal, if any, does not have the mental capacity to execute the notarial act” (CPR III-C-2). “The Notary shall not perform a notarial act if the … witness identifying the principal, if any, is unable to communicate coherently with the Notary at any time during the notarization” (CPR III-C-3). “The Notary shall not perform a notarial act if the … witness identifying the principal, if any, cannot directly communicate with the Notary in the same language, regardless of the presence of a third-party interpreter or translator, unless authorized by law” (CPR III-C-4).

Kathy

05 Jun 2022

It use to be illegal to Not have some form of ID on you when you were out and about. When did this change ? I’m stuck on the “Credible Identifying Witness”…what are the chances of a total stranger and myself (Notary) personally knowing the same person, to act as a witness ? I wish it were worded differently. My guess, that’s the reason I’m confused🤷🏻‍♀️

Erika

24 Aug 2022

Is there a list of states that do NOT allow credible witnesses?

26 Aug 2022

Hello. We don't have such a list compiled at present, but will be happy to answer questions about specific states if you have them.

Allison Caudill

29 Aug 2022

I am a notary in the state of PA. If I am using a credible witness to notarize a Deed signing, does the Notary Acknowledgment need to be revised to state that it was done using a credible witness? Does the oath/affirmation need to be attached to the Deed for recording?

09 Sep 2022

Gail Sanchez

14 Nov 2022

I believe the info in credible witness for Texas may be incorrect. 1 TAC 87.40(2) and 87.1(1) state a credible witness must EITHER personally know the notary or must present to the notary a valid unexpired ID issued by the federal or state government that contains the photo and signature of the witness.

15 Nov 2022

Hi Gail. Texas has two laws addressing credible witnesses. Civil Practice and Remedies Code Section 121.005 (which addresses acknowledgments) and Texas Administrative Code 87.40 (2). We've updated the Texas information in the article above to detail both. Thanks for bringing this to our attention.

KARIN

I found the paragraph above confusing in comparison to AZ Law so I pulled in the actual ARS statute for Credible Witnesses and copied it below. I am a Notary in Arizona. The Notary is NOT REQUIRED to know the Credible Witness. These are our only options in AZ: 7. CREDIBLE WITNESS [A.R.S. § 41-255(B)(2)] If a notary does not know the signer personally and the signer does not have valid ID the notary can use a credible witness to identify the signer. A credible witness must be someone who knows the signer personally. Some state’s refer to a credible person as a credible witness. There are two types of credible persons: 1. The first is someone whom the notary knows and who knows the signer. Satisfactory evidence of identity of the credible person in this case is personal knowledge. The credible person is then placed under oath to swear or affirm that the signer has the identity claimed. 2. The second is someone whom the notary does not know personally but who personally knows the signer. The credible person must present the notary with an ID card that meets the requirements listed on page 17. RECORD THE TRANSACTION: The notary must list in the journal the type of satisfactory evidence of identity used for the credible witness, and obtain the credible person’s full name, signature and address, as well as all necessary journal elements for the signer. ***Note that the credible person must ALWAYS know the "signer" ***

Selethia Middleton

Confirming if Credible Witness for FL only applies to in person signings and not RON

13 Dec 2022

Credible witnesses are not listed for identification of principal for RON: Identification of Principal “An online notary public shall confirm the identity of the principal by: “(a) Personal knowledge of each principal; or “(b) All of the following, as such criteria may be modified or supplemented in rules adopted by the Department of State pursuant to [FS] s. 117.295: “1. Remote presentation of a government-issued identification credential by each principal. “2. Credential analysis of each government-issued identification credential. “3. Identity proofing of each principal in the form of knowledge-based authentication or another method of identity proofing that conforms to the standards of this chapter. “If the online notary public is unable to satisfy subparagraphs (b)1.-3., or if the databases consulted for identity proofing do not contain sufficient information to permit authentication, the online notary public may not perform the online notarization” (FS 117.265[4]).

Darien

17 Jan 2023

Can Florida RON use credible witnesses for someone with an expired ID?

24 Jan 2023

Hello. “An online notary public shall confirm the identity of the principal by: “(a) Personal knowledge of each principal; or “(b) All of the following, as such criteria may be modified or supplemented in rules adopted by the Department of State pursuant to [FS] s. 117.295: “1. Remote presentation of a government-issued identification credential by each principal. “2. Credential analysis of each government-issued identification credential. “3. Identity proofing of each principal in the form of knowledge-based authentication or another method of identity proofing that conforms to the standards of this chapter. “If the online notary public is unable to satisfy subparagraphs (b)1.-3., or if the databases consulted for identity proofing do not contain sufficient information to permit authentication, the online notary public may not perform the online notarization” (FS 117.265[4]).

Gale

13 Feb 2023

Must credible witnesses be used if the signer has ID, but it does not reflect their name on the document (s)? Like for instance someone who has recently undergone a name change but has not yet gotten ID under the new name. I’m California.

17 Feb 2023

JamesHanyuSmith@gmail.com

08 Mar 2023

Say a person is abruptly kicked out of their home, on their 18th birthday. (True scenario, just to let you know.) This person no longer has access to their drivers license, social security card, or birth certificate. If I personally know the sibling of said person, Provided I do everything legitimately, by the book: Can I create a "Notarized Credible Witness" form to serve as a sort of temporary ID, as this person goes to the County Clerk to obtain new ID cards? Will this even help?

09 Mar 2023

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

Barb

14 Nov 2023

In New York, if a person is blind or disabled, and does not have a gov't issued ID, what are the steps to legally notarize for them?

30 Nov 2023

Hello. In New York, “(b) For any individual signing a document who physically appears before a notary public, satisfactory evidence of identity requires identity verification through: “(1) presentation of the back and front of an identification card issued by a governmental agency provided the card: “(i) is valid and current; “(ii) contains the photographic image of the bearer; “(iii) has an accurate physical description of the bearer, if applicable; and “(iv) includes the signature of the bearer; “(2) at least two current documents issued by an institution, business entity, or federal or state government with at least the individual’s signature; “(3) attestation by the notary that the individual is personally known to them; “(4) the oath or affirmation of a witness who is personally known to both the individual and notary; or “(5) the oath or affirmation of two witnesses who know the individual personally and provide identification that meets the requirements of paragraph (1) of subdivision (b) of this section” (19 NYCRR 182.5[b]).

Thomas David Kehoe

10 Jan 2024

Ohio allows credible identifying witnesses: "a notary public may consider other forms of identification or verification on oath or affirmation of a credible witness." See https://www.ohiosos.gov/notary/information/

Noah R

02 Mar 2024

Trying to determine how my brother (adult) can get a document notarized in New Orleans with out photo ID. The only documents he has is a Birth Cert (HI) and a Louisiana Health Card. They have different last names. This last name issue is what we are trying to fix. He took and has used his step dad's last name for 55 years but somehow Passport and DL are expired and lost. So step dad is trying to do an adult adoption and will need a FL Consent of Adoptee notorized. Does Louisiana allow Credible Witness as ID? Ideas?

14 Mar 2024

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and speak 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.

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What is a credible identifying witness?

Can a credible identifying witness be related to the signer?

How well should the credible identifying witness know the signer?

What kind of ID can I accept from a credible identifying witness?

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