A notary can be a witness, but not at the same time
A notary public can sign as a witness on a document, but they cannot notarize that same document. The two roles conflict: a notary's job is to verify the identity of the person signing and confirm they are doing so willingly, while a witness straightforward observes the signing and adds their own signature as proof they saw it happen. If a notary witnesses a signature, they have a personal stake in the document and cannot remain impartial enough to notarize it later.
This matters because many documents need both a notary and a witness—or people assume they do. Understanding which role a notary is playing protects you from having to redo paperwork. A notary can be a witness on one document and notarize a different document for the same person on the same day. But on any single document, they must choose one role or the other.
Key Takeaways
- A notary cannot notarize a document they have also signed as a witness, because witnessing creates a conflict of interest.
- Some states allow a notary to witness a signature and then have a different notary notarize it, but many states prohibit this arrangement.
- If you need both a notary and a witness on the same document, you must use two different people.
- Wills, powers of attorney, and affidavits often require a witness separate from the notary, and state law determines whether they can be the same person.
Why a notary cannot notarize their own witness signature
Notary law is built on the principle that a notary must be an impartial third party. When you notarize a document, you are certifying that you watched the signer sign it, that you checked their ID, and that they appeared to understand what they were signing. You are putting your reputation and your notary commission on the line.
If you have already signed that document as a witness, you are no longer impartial. You have a stake in the outcome. You might unconsciously overlook problems or feel pressure to notarize something you would otherwise question. Courts and government agencies know this, which is why they reject notarizations done by someone who also witnessed the signing. The document may be rejected entirely, forcing you to start over.
State rules vary on whether a notary can witness and then have another notary notarize
Some states allow this arrangement: you sign as a witness, and then a different notary notarizes the document. Other states prohibit it. A few states have no clear rule, which creates uncertainty.
The safest approach is to assume your state does not allow it unless you have checked your state notary handbook or called your secretary of state's office. If you are in doubt, use a separate person as the witness and a separate person as the notary. This costs nothing extra and eliminates the risk that your document will be rejected.
Documents that commonly need both a notary and a witness
Wills almost always require at least two witnesses, and some states also require a notary. Powers of attorney typically need a notary but may also need a witness depending on the state and the type of power of attorney. Affidavits usually need a notary but sometimes also need a witness. Loan documents, real estate deeds, and healthcare directives vary by state.
The document itself or your state's law will tell you what is required. If the form says "witness" and "notary," you need two different people. If it says only "notary," you do not need a witness. Do not assume—read the instructions on the form or contact the agency that will receive it.
How to handle a document that needs both roles
Start by identifying what the document requires. Read the form or the statute that governs it. If it needs both a notary and a witness, line up two people: one to witness the signing and one to notarize it afterward.
Have the witness present when the signer signs. Then, with the signed document in hand, go to a notary public. The notary will watch the signer sign again (or confirm they already signed), check their ID, and notarize it. The witness does not need to be present for the notarization. The notary's job is to verify the signer's identity and willingness, not to verify the witness.
What happens if you use the same person as both notary and witness
If you submit a document where the same person has signed as both witness and notary, most government agencies and courts will reject it. Banks, title companies, and probate courts are especially strict about this. You will have to obtain a new notarization from someone who did not witness the signing, or in some cases, redo the entire signing process with the correct people present.
This delay can be costly if you are under a important date—for example, if you are closing on a house or filing a will shortly after someone dies. The best time to get this right is before you sign, not after.
Frequently Asked Questions
Can a notary witness a signature if they are not notarizing the document?
Yes. A notary can sign as a witness on any document. They are just another person in the room. The restriction only applies when they try to notarize the same document they witnessed.
What if the document says "notary public" in the witness line?
That usually means the document requires a notary, not a witness. A notary's signature serves a different legal purpose than a witness's signature. If the form asks for a notary, use a notary. If it asks for a witness, use anyone over 18 who is not a party to the document.
Can two notaries sign the same document—one as witness and one as notary?
Some states allow this, but many do not. Check your state's notary handbook or contact your secretary of state before trying it. If you are unsure, use a non-notary as the witness and a notary for the notarization.
Do I need a witness if I have a notary?
Not always. Some documents need only a notary. Others need only a witness. Some need both. The document itself or the law governing it will specify. Read the instructions carefully or ask the organization that will receive the document.
What if I cannot find a second person to be a witness?
Check whether the document actually requires a witness. Many people assume they do when they do not. If a witness is truly required and you cannot find one, contact the organization that needs the document—they may have an alternative process or may be able to waive the requirement in certain situations.