To Witness or Not to Witness. That Is the Question.
Written by Beth Hathoot
Edited & Updated 09/2026
When does a document need a witness—and can the Notary be one of them? The word “witness” can mean several very different things in the notarial world. In this article we break down document witnesses, Signature Witnessing, subscribing witnesses, credible witnesses, and some of the situations Notaries may encounter.
Knowing whether you need a witness on a document has more than one aspect to it, and that fact has a lot of Notaries a bit confused.
Let's break it down for you here.
1 - You may need a document witness or two (witness to a signature) on a document in a loan signing package.
Often, on conveyance documents (Quit Claim Deeds, Warranty Deeds, etc.) and on security instruments (Deed of Trust, Mortgage, etc.) you will see witness signature lines. These documents are created by the lender and if the lender is based in a state that requires witnesses, the document will likely come pre-formatted with the witness lines, regardless of where the property is located. So just having those witness signature lines on your document doesn't necessarily mean they will be used at your signing.
So now you are tasked with finding out whether those witness lines are required for your particular signing. A quick call to your hiring party can help answer the question, but as you become more experienced, you can also use some critical thinking skills to determine to recognize when additional witness requirements may apply.
The first thing you should set out to discover is where the property is located and is it in a 'Witness State'. Some states have specific witness requirements for deeds and other real estate documents, and currently there are five (5) states that require a witness on a Deed. They are; Connecticut, Florida, Georgia, Louisiana, and South Carolina
The requirements are not identical from state to state, so don't assume that every “witness state” follows the same rules. Regardless of what state you are commissioned in, you will need witness(es) if you are assigned to assist in a closing for a property in one of those states.
The second discovery - Can you, as the Notary on that document, also be one of the witnesses? That question can only be answered by your Secretary of State or other governing agency...not the title company. If you can't find the answer in your State Notary Manual, then you will have to make a call.
The following list is current as of the writing of this article, but always double check your state regulations.
Connecticut: Deeds require two (2) witnesses and if you are a Notary in that state, you may also be one (1) of the witnesses.
Florida: Deeds conveying real property require two (2) witnesses and if you are a Notary in that state, you may also be one (1) of the witnesses.
Georgia: Deeds require one (1) witness and if you are a Notary in that state, the Notary can't be the witness.
Louisiana: Deeds require two (2) witnesses and if you are a Notary in that state, the Notary can't be the witness.
South Carolina: Deeds require two (2) witnesses and if you are a Notary in that state, you may also be one (1) of the witnesses.
If you are signing on a property located in a witness state but YOU are NOT in a witness state, you should follow the regulations for your state to know if you can also be the witness. Here are a few examples:
Arizona: Notary cannot be the witness when notarizing a document for property in a witness state.
California: Notary cannot be the witness when notarizing a document for property in a witness state.
Kansas: Notary cannot be the witness when notarizing a document for property in a witness state.
Maine: Notary cannot be the witness when notarizing a document for property in a witness state.
Oregon: Does not have a law that addresses whether or not a Notary can act as the witness and the Notary on a single document.
Washington: Notary cannot be the witness when notarizing a document for property in a witness state.
This is not a complete list so you will need to check to see if your state regulations address this. The NNA suggests that it is "generally better to say no" because it can create a possible conflict.
Don't assume that you can—or cannot—serve as both the Notary and a document witness. Check your state's current Notary laws and official guidance and make sure you understand the witness requirements for the particular document and transaction.
2 - The next confusing element comes when we look at a document known as a Power of Attorney (POA).
This is not a document where you are deciding whether or not you need the witness lines. This usually falls in the category of General Notary Work (GNW), and the execution requirements are never at the discretion of the Notary. Requirements for a Power of Attorney can vary depending on the state and the type of POA being executed.
If there are witness lines on the document, then there needs to be witness(es) present to witness the signing. Witnesses to these documents should never be the Notary. There may also be restrictions on who can serve as a witness. Depending on the applicable law, the Notary, agent, relatives, beneficiaries, health-care providers, or other interested parties may be prohibited from serving in that role. Always verify the requirements that apply to the particular Power of Attorney before proceeding.
3 - And yet there is another process that involves the word "witnessing" and that is a notarial act commonly called, Signature Witnessing or Witnessing or Attesting a Signature.
Signature Witnessing is a different notarial act from an Acknowledgement or a Jurat and not every state has this act available to their Notaries. There are thirteen (13) states that have Signature Witnessing as a notarial act. Arizona, Colorado, Georgia, Idaho, Illinois, Kansas, and Pennsylvania are among those.
With Signature Witnessing, the signer appears before the Notary and signs the document in the Notary's presence. Unlike an Acknowledgment, where the document may already have been signed before the signer appears before the Notary, Signature Witnessing requires the Notary to actually witness the signing. And unlike a Jurat or verification upon oath or affirmation, Signature Witnessing does not require the signer to swear or affirm that the contents of the document are true.
So, Signature Witnessing is a different act with different requirements. California, Florida, and Texas are just a few of the states that are not authorized to perform Signature Witnessing. How do you recognize it? Certificate wording may include language such as “Signed (or attested) before me” and does not include an oath or affirmation. Always verify that Signature Witnessing is an authorized notarial act in your state and follow your state's requirements for performing it.
4 - Then there is a Subscribing Witness.
Sometimes called 'Proof of Execution by Subscribing Witness'. This is a person who watches the signing of a document and then takes it to a Notary and acknowledges the principal did in fact sign it. Not many states allow this and can you imagine what opportunities for illegal activity would exist. Pretty much leaving the door wide open for fraud.
Generally, a subscribing witness is someone who witnesses the execution of a document—or, where permitted, hears the signer acknowledge the execution—and signs the document as a witness.
In states that permit a Proof of Execution by Subscribing Witness, that witness may later appear before a Notary and establish that the document was executed by the principal. However, this is a specialized procedure with specific requirements and limitations, and it is not authorized for every document or in every state.
If you encounter a request involving a subscribing witness, don't treat it like an ordinary acknowledgment. Check your state's laws and Notary procedures to determine whether Proof of Execution by Subscribing Witness is authorized and whether it can be used for that particular document.
5 - And the last one (that I can think of) is the Credible Witness.
This is not a document witness or a notarial act. This is actually a human ID, a person who helps the Notary establish the identity of a signer (when permitted by state law) when they do not possess valid government ID.
The rules for using a Credible Witness vary by state. Some states place specific requirements on when a Credible Witness may be used, how the witness must be identified, whether more than one Credible Witness is required, and what information must be recorded by the Notary.
If you need to use a Credible Witness to identify a signer, always follow your state's current requirements for satisfactory evidence of identity and any required documentation. It has been strongly recommended that a Credible Witness Affidavit be completed and retained by the Notary.
Written by Beth Hathoot for Notary Stars
Originally Published: 07/30/2021
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