When you’re getting documents notarized and a witness is required, the qualifications and restrictions for who can serve as a witness vary depending on the type of document and the laws of your state. Remote Notarez has a breakdown of the general guidelines:
✅ Who Can Be a Witness
- Legal Age & Mental Capacity: The witness must be at least 18 years old and of sound mind[1].
- Disinterested Party: The witness should not have a financial or personal interest in the document. For example, a beneficiary of a will cannot witness that will[1].
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Personal Knowledge or Presence:
- For credible identifying witnesses, the person must personally know the signer and, in some states, also know the notary or present valid ID [2].
- For subscribing witnesses, the person must have been present when the document was signed or have had the signature acknowledged to them by the signer [2].
📝 Example of Good Witness Choices
- A coworker not involved in the transaction.
- A neighbor who is not related to you.
- A friend who is not named in the document.
Choosing an unbiased witness is important to ensure the integrity and legality of the notarized document. Here are some practical tips to help you select the right person:
✅ Qualities of an Unbiased Witness
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No Personal or Financial Interest:
- The witness should not benefit from the document in any way.
- Avoid close family members, business partners, or anyone named in the document.
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Neutral Relationship:
- Ideally, choose someone who is not emotionally involved in the matter.
- A neighbor, coworker, or acquaintance can be a good choice.
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Legal Eligibility:
- Must be at least 18 years old.
- Must be mentally competent.
- Must be able to understand what they are witnessing.
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Availability and Willingness:
- The person should be present during the signing.
- They must be willing to sign and provide identification if needed.
🚫 Who Cannot Be a Witness
- Individuals with a direct interest in the document (e.g., beneficiaries, spouses of beneficiaries).
- People who are not mentally competent or underage.
- In some states, family members or employees involved in the transaction may be disqualified [3].
🚫 Avoid These as Witnesses
- Beneficiaries or heirs (in wills or trusts).
- Spouses or close relatives (especially in legal or financial documents).
- Anyone with a conflict of interest or who stands to gain from the document.
🧑⚖️ Can a Notary Be a Witness?
- In some states, a notary can also serve as a witness, but this depends on local laws and the type of document.
- For example, Florida and South Carolina allow notaries to act as both notary and witness, while Georgia and North Carolina do not[2][3].
- Remote Notarez does offer witnesses if need be. Please inquire by sending an email to info@remotenotarez.com
📝 Best Practices
- Always check your state’s specific laws.
- Ensure the witness is physically present during the signing.
- Avoid using someone who might later be seen as biased or conflicted.