A notary can be a witness, but not to the same document they notarize
A notary public can witness a signature on a document, but they cannot be both the notary and the witness on that same piece of paper. Most states require a notary to be an impartial third party — someone with no stake in the transaction and no prior relationship to the signer. If a notary witnesses the signing, they have already taken on a role in the document's creation, which compromises that impartiality.
The practical result is this: if you need both a witness and a notary, you need two different people. A notary can witness a signature on one document while notarizing a different document for the same person, but not both roles on the same page.
Key Takeaways
- A notary cannot serve as both the notary and the witness on the same document because notaries must remain impartial third parties.
- You can use the same notary for multiple documents as long as they are not acting as witness on any of them.
- Some states have specific rules about whether a notary can witness a document at all if they have any prior relationship to the signer.
- If a document requires both a witness and a notary signature, you will need to bring two different people.
- A notary's job is to verify identity and confirm the signer is acting of their own free will, not to vouch for the document's content.
Why notaries cannot witness their own notarizations
The rule exists because a notary's role is to be neutral. When you notarize a document, you are certifying that you watched the person sign it, that you checked their ID, and that they appeared to be signing willingly — not under pressure or fraud. You are not saying the document is fair, legal, or a good idea. You are straightforward confirming the mechanical facts of the signing.
If that same notary also signed as a witness, they would have a stake in the document. They would be vouching for something beyond the mechanics of the signature. That dual role blurs the line between impartial observer and interested party, which is why states prohibit it.
Different states word this rule differently. Some say a notary cannot witness a document they notarize. Others say a notary cannot notarize a document they have witnessed. The effect is the same: one person, one role per document.
What counts as being a "witness" versus a "notary"
The two roles are distinct. A witness is someone who sees you sign and then signs their own name to confirm they watched you do it. A witness usually has no special training and no official seal. They are straightforward a person who can later testify that you signed the document and appeared to do so willingly.
A notary is a state-commissioned official who verifies your identity using government-issued ID, watches you sign, and applies their official seal and signature. The notary's seal carries legal weight because the notary is bonded and trained. A notary's job is narrower than a witness's — they confirm the signing happened and the signer is who they claim to be, but they do not vouch for the document's contents or fairness.
Some documents require both. A will, for example, might need two witnesses and a notary. In that case, the notary is a third person, separate from the two witnesses.
When you might need both a witness and a notary
Wills are the most common example. Many states require a will to be signed in front of two witnesses, and some also require notarization. A power of attorney often needs both a witness and a notary. Affidavits — sworn statements — typically need a notary but may also need a witness depending on the state and the document's purpose.
Before you sign, check the document itself or ask the person who gave it to you what signatures are required. The document usually has blank lines labeled "Witness," "Notary," or both. If it calls for both, you need two different people in the room when you sign.
Some documents are notarized but do not need a witness at all. A power of attorney in some states needs only a notary. A document you are submitting to a government agency might need only a notary. Always read the instructions or ask the agency or attorney who prepared the document.
How to find a notary if you also need a witness
If your document requires both, bring two people to the signing. One can be a notary public — you can find one through your bank, a UPS Store, a law office, or an online search for "notary public near me." The other should be someone unrelated to you and to the document's purpose. A friend, family member, or coworker can serve as a witness; they do not need any special training or license.
Some notaries work in pairs or teams, so you can ask when you call whether they have a colleague available to serve as a witness. This makes scheduling easier. If you are using a notary service, mention upfront that you also need a witness signature, so they can plan accordingly.
The witness does not need to be present for the notary's ID check. The notary verifies your identity, you sign, the notary signs and seals. Then the witness can sign. Or the witness can be present for the whole process — the order does not matter as long as both signatures are on the final document.
State-specific rules about notary impartiality
Most states have a blanket rule that a notary cannot notarize a document they have witnessed. A few states go further and say a notary cannot notarize a document if they have any prior relationship to the signer — family, business, or financial. These stricter rules exist to prevent conflicts of interest.
If you are using a notary you know personally — a family member who is a notary, for example — ask them whether your state allows it. Some states do allow a notary to notarize for someone they know, as long as they verify ID and follow the standard process. Others do not. Your notary will know the rule in your state.
If a notary refuses to notarize your document because of a relationship or prior involvement, that is them following the law, not being difficult. Find a different notary rather than trying to convince them.
What happens if a notary signs as both notary and witness
If a notary notarizes a document and also signs as a witness on the same page, the notarization may be invalid. A court or government agency reviewing the document might reject it because the notary violated the impartiality rule. You would then have to have the document notarized again by a different notary, which delays whatever you are trying to accomplish.
In some cases, a document with an improper notarization can still be accepted if the agency or court decides the defect is minor. But you cannot count on that. It is far simpler to bring two people from the start — one notary, one witness — and avoid the problem.
Frequently Asked Questions
Can a family member who is a notary notarize my will?
It depends on your state. Some states allow a notary to notarize for a family member as long as they follow the standard process and verify ID. Others prohibit it. Ask your notary or check your state's notary handbook before you sign. If your state prohibits it, you will need a different notary.
If I need two witnesses and a notary, do all three have to be in the room at the same time?
No. The notary needs to watch you sign and verify your ID. The two witnesses need to watch you sign. But they do not all need to be present simultaneously. You could sign in front of the notary first, then in front of the two witnesses later, as long as all three signatures end up on the same document. However, it is simpler and safer to have everyone present at once.
Can a notary witness a document if they have no role as the notary?
Yes. A notary can sign as a witness on a document they are not notarizing. For example, a notary could witness your signature on a contract while a different notary notarizes your power of attorney. The rule only prohibits the same person from being both the notary and the witness on the same document.
What if the document only has one signature line and it says "Notary/Witness"?
That line is asking for a notary, not a witness. The document does not actually require a separate witness. One notary can sign that line. If the document truly needs both a notary and a witness, it will have two separate signature lines.
Does a notary have to know me personally to notarize my document?
No. A notary's job is to verify your identity using government-issued ID, not to know you personally. You can use any notary public, even one you have never met. In fact, using a notary you do not know is often safer because it removes any question about impartiality.