To get witnesses for a notary appointment, bring one or two adults who are at least 18, mentally competent, and have no personal or financial stake in the document being signed. Neighbors and coworkers are the usual choice. If you can’t line anyone up, many mobile notaries will bring witnesses with them for a small per-witness fee. The number you need and the rules on who qualifies are set by state law and depend on the document.
Who Counts as a Qualified Witness
A witness must generally be at least 18, mentally competent enough to understand what they’re observing, and a “disinterested party” — meaning they gain nothing from the document. Someone who inherits under a will, receives property through a deed, or is named as an agent in a power of attorney cannot serve as a witness on that same document.
Spouses, business partners, and family members named in the paperwork should be avoided everywhere, even in states that don’t expressly ban related witnesses. Using one creates a conflict of interest a court can later use to question the document’s validity. The safest witness is someone with no connection to the transaction at all.
Witness qualifications ultimately come from your state’s notary statutes. The Revised Uniform Law on Notarial Acts (RULONA), developed by the Uniform Law Commission, gives many states a shared framework for identity checks and witness procedures, but details still vary. Your notary can confirm the rules that apply to your document.
How Many Witnesses Your Document Needs
Some notarized documents need no witnesses at all. Others need two, and a few need three. The requirement depends on the document type and the state.
- Wills. Most states require two witnesses to observe the signing or the signer’s acknowledgment of it. Under the Uniform Probate Code, adopted in whole or part by many states, a will must be signed by at least two people who witnessed the signing or the acknowledgment. A few states may accept one witness in limited circumstances.
- Deeds and real estate transfers. Rules vary widely. Some states require one or two witnesses in addition to the notary; others require only the notary’s acknowledgment.
- Powers of attorney. Many states require one or two witnesses, especially for durable or healthcare powers. Some prohibit the named agent, or anyone related to the agent, from serving.
- Advance healthcare directives. These often need two witnesses, and some states add restrictions such as requiring that at least one witness not be a healthcare provider or an employee of the facility where the signer is a patient.
Check the requirement for your specific document before the appointment. The notary handling the signing can usually tell you how many witnesses to bring.
Where to Find a Witness
Finding a witness is usually easier than people expect. The main constraint is that the person has to be available at the signing appointment and free of any interest in the document.
- Neighbors and coworkers. The most common choice. As long as they aren’t named in the document and have no financial connection to it, they qualify in most states.
- Mobile notary services. Many mobile notaries will bring witnesses along for an additional fee, typically about $5 to $25 per witness depending on the service and location. Book in advance so they arrive prepared.
- Shipping and mailing centers. Retail locations offering notary services sometimes have staff who will witness for a small fee. Call ahead to confirm.
- Banks and credit unions. Some let employees witness documents, but many restrict this to paperwork originated by the bank. Contact your branch before showing up.
- Professional witness services. In larger cities, companies specialize in providing trained witnesses for real estate closings and other high-value signings.
Public libraries and government clerk offices sometimes have staff willing to help, though this depends on facility policy. Line up witnesses ahead of the appointment. A notary may refuse to proceed if the required witnesses aren’t present.
Signings at Hospitals and Nursing Homes
Finding witnesses for a patient in a hospital or long-term care facility is harder. Many facilities prohibit staff from witnessing patient documents, particularly wills, powers of attorney, and living wills, because of conflict-of-interest concerns. Some won’t let an outside notary past the front desk without prior arrangements.
Bring your own witnesses when possible. Some states also impose extra requirements for documents signed in care facilities, such as requiring a patient ombudsman to witness an advance healthcare directive signed by a nursing home resident. Ask the facility’s administration and the notary about any special rules before the visit.
Can the Notary Also Be a Witness
It depends on the state. A handful, including Connecticut and Florida, explicitly allow a notary to notarize a signature and serve as a document witness on the same paperwork. Others, including Georgia and North Carolina, prohibit the dual role outright. In states without a clear rule, the safe approach is to use separate people.
One limit applies everywhere: if the document calls for the notary to notarize the witnesses’ signatures — as with a self-proving affidavit on a will — the notary cannot also be a witness, because notarizing your own signature is prohibited in every state. When in doubt, bring an extra person so the notary can focus on the notarization.
When the Signer Has No Valid ID: Credible Identifying Witnesses
A credible identifying witness is a separate role that comes up when the signer lacks acceptable identification — for example, an elderly person with expired documents, a hospital patient without a wallet, or someone whose ID has been lost.
Under RULONA and many state statutes, a single credible witness can vouch for the signer’s identity if that witness personally knows both the notary and the signer. If the notary does not personally know the witness, most states following this model require two credible identifying witnesses. Each credible witness must present their own valid ID.
Credible witnesses take a formal oath or affirmation, swearing under penalty of perjury that the signer is who they claim to be, that the signer lacks reasonable access to another form of ID, and that the witness has no financial interest in the document. Lying under that oath is serious: federal perjury law provides for up to five years in prison, a fine, or both, and most states impose similar penalties under their own statutes.1Office of the Law Revision Counsel. 18 U.S. Code 1621 – Perjury Generally
When the Signer Can’t Physically Sign
If the signer is physically unable to write their name, witnesses take on an even larger role. Two approaches are common, and both typically call for at least one witness beyond what the document itself requires.
- Signature by mark. The signer makes an X or similar mark on the document without assistance. Many states require two witnesses to observe and sign alongside the mark. Those witnesses don’t need to present their own ID unless they’re also serving as credible identifying witnesses.
- Signature by proxy. Another person signs on behalf of the signer at the signer’s explicit direction. The signer must be present and must verbally instruct the proxy. Most states require at least one disinterested witness to observe; some require two.
If the witness and proxy requirements can’t all be met, the notary should decline to proceed. Bringing extra potential witnesses is the fix.
Witnesses in Remote Online Notarization
Remote online notarization (RON) lets the signer, notary, and witnesses complete the process over a live audio-video connection. As of early 2025, at least 45 states and the District of Columbia have enacted permanent RON laws, and more continue to adopt them.
During a RON session, all participants must appear on a continuous, synchronized audio and video feed clear enough for everyone to be seen and heard throughout. The notary has to terminate the session if the connection quality drops. Witnesses joining remotely go through identity verification similar to signers: they typically present a government-issued ID on camera, and the RON platform may run credential analysis or knowledge-based authentication on them.
Not every state allows remote witnesses. Some require witnesses to be physically present with the signer even when the notary is remote. Check your state’s RON rules, or ask the notary service, before assuming a witness can join by video.
What Happens at the Signing
Once everyone is present, in person or on an approved RON platform, the session follows a predictable sequence:
- Identity verification. The notary examines the signer’s ID. If credible identifying witnesses are being used instead, they take their oath at this point.
- Signing. The signer signs the document while the witnesses watch. Witnesses must observe the actual act of signing. They cannot show up after the signature is already on the page.
- Witness signatures. Each witness signs in the designated area, typically on the final execution page. Some documents also require witnesses to print their name and address.
- Journal entry. In states that require a notary journal, the notary records the date, time, document type, names of the parties, and the ID used. Some states require witnesses to sign the journal too.
- Notary completion. The notary signs the notarial certificate and applies the official seal or stamp.
Every step must happen during the same session. A witness who leaves early, or a signature added after the witnesses depart, can give someone grounds to challenge the document later. If any required participant is missing or unqualified, the notary should stop rather than risk invalidating the paperwork.