Can A Notary Witness And Notarize, Too?

New Hotline Resized 3 When a document requires two witnesses and notarization, can the Notary act as one of the witnesses as well as notarize? — D.M., Pennsylvania

It is not recommended and may even be improper. For example, if a Notary witnessed the signing of a last will and was asked to sign an affidavit to make the will “self-proving,” it would be highly improper for the Notary to notarize his or her signature as a witness on the self-proving affidavit. The NNA always recommends that in cases in which a document must be witnessed and notarized, the Notary serve as either a witness or Notary, but not both.

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.

Related Articles:

Notary Tip: Requests To Serve As A Document Witness

42 Comments

Add your comment

chitravrajan2017@gmail.com

13 May 2019

Part of the learning

C Ortiz

Can a notary prepare a will and notarize it as well but not serve as a witness?

National Notary Association

Hello. Notaries are not authorized to prepare legal documents such as wills for customers. For more information, please see here: https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notary-basics-avoiding-unauthorized-practice-of-law

CARMEN BIANO

14 May 2019

In California, I understood that a Notary can be a witness and perform the notary provided the signature of the witness is not required to be notarized.

LDavis

15 May 2019

Your answer to C Ortiz. I have a friend that asked me to assist in preparing his last will. I told my friend, I can help him prepare it, but he would have to find another notary to notarize his will. I live in Nevada. Is this illegal to do? I haven't done it yet, but if it's illegal as a notary, I will decline to assist.

Hello. Nonattorney Notaries may not prepare a legal document or give advice on how to fill out, draft or complete a legal document. Please see here for more information: https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notary-basics-avoiding-unauthorized-practice-of-law

MisterJ

04 Jun 2019

NNA, you keep saying that non-attorney notaries absolutely cannot prepare wills. But what about all those paralegal offices that do "document preparation" including simple wills for clients, with no attorney involved in the process at all?

Hello. We can't speak for paralegals or other legal professionals. But that does not change the fact that nonattorney Notaries who provide unauthorized legal services--including preparing legal documents such as wills--can face severe civil and criminal penalties and potential liability for doing so. Many states require Notaries to post a written notice explaining they are not attorneys licensed to practice law, cannot offer legal advice or accept fees for legal services.

Ellen Welsh

08 Oct 2019

The deed for selling real property in Florida needs two witnesses and I have been instructed on numerous cases that I can act as one of the witnesses.

Vickie Corwin

17 Sep 2021

In the State of Florida if I have a two page quick claim deed on an Amendment to a family Trust with the 2nd page has a stand alone notary seal and verifies signature with DL license. Page 1 has stand alone signature with no notary seal. Can the notary be a witness to the signature on the first page?

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.

Florence Himmel

26 Oct 2021

Can a notary in PA be a witness to a party's signature on a Pre Nuptial Agreement and also notarize the signatures of both parties to the Agreement?

29 Oct 2021

Hello. Please see this article for more information on witness requests: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

Nataliya

16 Jan 2022

Thank you

Matthew Joseph Bakes

15 Mar 2022

A notary acted as a witness and the document looks fraudulent, its a revocation of a trust but my Dad was confused and disoriented due to dementia and died 4 days later. Medical records show these allegations. The notary made my Dad make an "X". Is this legal? I was not there and my Dad made me the Trustee to the trust. The whole event was underhanded to say the least.

17 Mar 2022

Hello. We're sorry, but any legal questions you have about the validity of a document would need to be answered by a qualified attorney.

Mary

28 Apr 2022

In the state of Virginia, can a notary be a witness as well as a notary?

18 May 2022

Hello. Virginia does not provide specific guidance for Notaries on this issue. The NNA recommends in states that do not provide specific guidance that you turn down requests to serve as both a document witness and Notary. Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

Beverly Adamberry

02 May 2022

My brother had his attorney who is also a notary had my Mother who was alone at home and is 88 sign POA paperwork and there was no witness. When I called the attorney he stated that he can be his own witness. I believe that is not true. Here in Austin Texas

26 May 2022

Hello. According to the Texas Secretary of State's website: “Notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper” (website, “Frequently Asked Questions for Notaries Public”). If you have concerns about the attorney's conduct you also may wish to contact the Texas State Bar to report the situation and ask what options are available to you.

Jay Watts

17 Jun 2022

I am an attorney and also a notary in IL. Can I notarize the signatures of the two witnesses of my own Last Will and Testament?

22 Jun 2022

Hello. No, you may not notarize in this situation. In Illinois, “A notary public shall not acknowledge [sic] any instrument in which the notary’s name appears as a party to the transaction” (5 ILCS 312/6-104[b]).

Riley Flanagan

29 Jun 2022

I did a signing yesterday in CA for a property sale in Florida… I notarized it and then was sent an email saying I did not sign the witness statement for the affidavit and warranty deed. Typically, I never need a witness in CA, no other witness was present for signing (so I left blank) and I was told I was suppose to notarize and be the witness after the fact. Is this true/legal?

30 Jun 2022

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

Lenore A George

02 May 2023

I am in Wisconsin. Can an attorney author an amendment to a trust, sign it as a witness and also notarize(all three) that amendment??

04 May 2023

Hello. We cannot answer legal questions about the authority of an attorney to amend a trust or sign as a witness on a document. However, we can tell you that in Wisconsin, “A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse or domestic partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (WS 140.04[2]).

September Gray

01 Jul 2023

In the state of Texas, my late great-uncle completed his final will and testament with a self-proving affidavit in May of 2022. The will itself is 8 pages and the affidavit is 4 pages. I was not present during the notarizing of said document, but the 2 witnesses that signed in the presence of the notary, are actually conflicts of interest. The first witness being designated as the first choice for executor and beneficiary in many areas, whereas the second witness is beneficiary of his digital assets and residuary estate. I am curious if it is required for a notary to have general knowledge of the documents they are notarizing, or if they are required to read them with the clients?

03 Jul 2023

Hello. Notaries in Texas are ministerial officers with strictly defined duties. Nonattorney Texas Notaries are not authorized to prepare documents or advise clients on documents.

Albie Q

20 Jul 2023

Your information is incomplete. In Florida, according to the Department of State website, it is permitted and common practice for Notaries to also serve as witnesses to Real Estate documents. Pls read the regs.

21 Jul 2023

Hello. We discuss Florida witnessing guidelines in more detail here: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

CAS VENETHONGKHAM

Hello. If the will is not notarized, can the notary be a witness? And if the document is not a will, but let's say an advance directive that is being notarized and witness, can the notary be the witness for that document AND notarize?

Hello. Any questions regarding who may serve as witness to a will or advanced directive would need to be answered by a qualified attorney. For more information on potential issues when a Notary is asked to also serve as a separate witness, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

Yesenia Escoto

17 Aug 2023

As a signing agent, can you be the witness as well as the notary? In TX RON for a MD seller pkg. 2 docs had a witness line

21 Aug 2023

mpritchard@johnstonassociateslaw.com

25 Aug 2023

Do you need to log in your book that you were a witness to a Will?

28 Aug 2023

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

Mary mason

10 Nov 2023

Had a notary , notarize and stamp a living will , when the person passed away the will was not valid because the notary did not make sure it had two witnesses, can they be held responsible for the loss of the house that was left to that person, state is Mississippi

13 Nov 2023

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

twrightriff@gmail.com

I have never done an Estate planning notarization and they ask for the notary to bring 2 witnesses, who am I allowed to bring? How does that work? I am in Colorado.

14 Nov 2023

Amber

18 Dec 2023

Notary can prepared, signed witness both parties and notarized a quick claim deed in florida? Where I can find the article , statute

Hello. A Florida Notary commission does not authorize the Notary to prepare legal or real estate documents. Any preparation of such documents should only be performed by a qualified professional authorized to do so. In Florida, according to an FAQ on the Executive Office of the Governor's website: “Generally, a notary public may sign as one of the witnesses and as the notary public on a document. In fact, it is a common practice among Florida notaries, particularly on real estate transactions. Typically, you will see the title clerk sign as one of the two required witnesses and then notarize the document signer's signature. In addition, a Florida court has held that "there is nothing to prevent a notary from also being a witness." See Walker v. City of Jacksonville, 360 So.2d 52 (Fla. 1st DCA 1978). However, before signing as a witness, the notary should ensure that the document does not require the notarization of the witnesses' signatures. For example, a self-proof affidavit on a will or codicil requires the notarization of the signatures of the testator and both witnesses. If the notary signed as a witness in this instance, he or she would be notarizing his or her own signature, which is a criminal violation of the notary law. The notary should also certify in the notarial certificate the name of the person whose signature is being notarized. Absent such specific notation, the law presumes that all signatures were notarized. Thus, the notary could unintentionally notarize his or her own signature if the notarial certificate is not specific. Therefore, providing that the document does not require the notarization of the witnesses' signatures, the notary may be one of the two subscribing witnesses as well as the notary public.” (Executive Office of the Governor's website, “FAQ” https://www.flgov.com/wp-content/uploads/notary/FAQ.pdf).

Required *

Name *

Email *(for verfication purposes only)

Comment *

Verify

All comments are reviewed and if approved, will display.

Leave a Comment