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Can a notary also act as a witness?
While a notary can technically act as a witness in some situations, it’s generally not recommended and can be complex due to varying state laws and potential conflicts of interest.
Notary as Witness: General Guidelines
• In most cases, notaries are discouraged from acting as both a notary and a witness for the same document
• Some states explicitly prohibit notaries from serving as witnesses on documents they are notarizing
• A notary acting as a witness would typically do so as a private individual, not in their official notary capacity
Exceptions and Special Circumstances
• In limited cases, a notary may act as a “signature witness,” which is required in some states for specific documents like deeds or mortgages
• Five states (Connecticut, Florida, Georgia, Louisiana, and South Carolina) require signature witnesses for certain real property documents. However, in Georgia and Louisiana, notaries are not allowed to act as signature witnesses
Legal Precedents
• Several state courts have addressed this issue, with many allowing notaries to act as witnesses in certain circumstances
• An Arizona court ruling cited cases from multiple states (including Illinois, Kentucky, Missouri, and others) that permitted notaries to act as witnesses
Best Practices
• To avoid potential conflicts or legal issues, it’s generally better to have separate individuals serve as notary and witness.
• If a notary must act as a witness, it’s advisable to have a second notary perform the notarization
