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Can a family member serve as a document witness?

I am a Maryland Notary and I am scheduled to conduct a closing for a seller that is selling a property in Florida which requires a witness to the deed signing. Can the witness be a family member of the signer? Can the witness be a family member of the Notary? — J.M., Maryland

There is no rule that says a family member cannot sign as a witness on a document.  However, you should have the signer check with your contracting company for instructions regarding the witness requirements.   Your contracting company may have business rules regarding who may sign as a witness in this case. 

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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10 Apr 2022

There is no rule or law that says that a family member cannot be a witness to the notary signing.

National Notary Association

11 Apr 2022

Hello. Please see the Hotline Tip response above for additional details.

10 Apr 2022

Title company, Realtors, Lenders , online and near your county.

JoAnn Booker

17 Jan 2023

My name is JOANN BOOKER, I would like to purchase the Notary symbol.

National Notary Association

24 Jan 2023

Hello. We're sorry, but can you please clarify what you mean by 'Notary symbol?'

Irene Abbott

17 Jan 2023

I requested my mom come with me as a witness since the customer didn't have anyone in NC that they could use. I was told it was fine and I just made sure I documented everything in my journal.

Rahiem Allen

24 Feb 2023

I would like to know can a witness have the same last name and address as me on a proof of excution .

National Notary Association

27 Feb 2023

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.

Michelle Herrera

10 Apr 2023

Can a family member sign as a witness for a Texas Deed

National Notary Association

14 Apr 2023

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

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