Both parties do not always need to be present, but the rules depend on what document you are notarizing and which state you are in.

For most routine notarizations — a power of attorney, an affidavit, a sworn statement — only the person signing the document needs to be there in front of the notary. The notary's job is to verify that the person whose signature appears on the paper is actually that person, and that they are signing of their own will. The other party to the agreement does not have to watch it happen.

However, some documents do require both parties present. Real estate transactions, loan closings, and certain legal agreements sometimes call for both the buyer and seller, or both parties to a contract, to sign in front of the same notary on the same day. This is less common in everyday notarizations but more common in high-value or legally complex transactions. Your document itself, or the lender or attorney handling it, will specify whether both signatures need to happen together.

Key Takeaways

  • Most notarizations require only the person signing to be present; the other party does not need to attend.
  • Real estate closings, loan signings, and some legal agreements may require both parties to sign in front of the notary at the same time.
  • The document itself, the lender, or your attorney will tell you whether both parties must be present.
  • If you are unsure, contact the notary or the organization requesting the notarization before you schedule the appointment.

When Only One Party Needs to Show Up

A single-party notarization is the most common scenario. You bring your document and your ID, the notary confirms you are who you say you are, you sign in front of them, and they stamp and sign the document. This works for power of attorney forms, affidavits, statutory declarations, medical directives, and many other papers. The person on the other end of the agreement — the attorney-in-fact, the recipient of the affidavit, the healthcare provider — does not need to be in the room.

The notary is not verifying that both parties agree to the terms. They are only verifying that the person signing is genuine and signing willingly. If you are the only one who needs to sign the document, then you are the only one who needs to be present.

When Both Parties Must Be Present

Certain transactions require both parties to sign in front of the same notary. This is most common in real estate closings, where the buyer and seller both sign closing documents, and in loan signings, where the borrower and sometimes a co-borrower or spouse must both sign. Some states also require both parties for certain legal agreements, such as separation agreements or settlement documents.

If your document is part of a real estate transaction or a loan, the title company, lender, or closing attorney will tell you upfront whether both parties must be present. They will often schedule a single appointment with a notary who can witness both signatures. If the document is a contract between two parties and you are unsure whether both must sign in front of the notary, ask the other party or the attorney drafting the agreement.

How to Find Out What Your Document Requires

The fastest way to know is to read the document itself. Many forms include a note or instruction that says "must be signed in the presence of a notary" or "both parties must sign." If the document does not say, contact whoever requested the notarization — the lender, attorney, court, or government agency. They can tell you in one call whether both parties need to be there.

You can also call a notary directly and describe the document. Most notaries have handled hundreds of the same forms and can tell you when ready whether both signatures need to happen together. This is worth doing before you schedule, because if you show up alone and the document requires both parties, the notary cannot proceed and you will have wasted the trip.

What Happens If One Party Cannot Attend

If both parties are required but one cannot be present, you have a few options. Some notaries offer remote notarization using video conferencing, which allows one party to sign from a distance while the notary watches via camera. However, remote notarization is not legal in all states, and some documents cannot be notarized remotely even where it is allowed. Check your state's notary laws or ask the notary whether remote signing is an option for your document.

Another option is to schedule two separate appointments. If the document allows it, each party can sign in front of a notary at different times and places. However, this only works if the document does not require both signatures to happen simultaneously. Again, the lender or attorney can tell you whether this is permitted.

Remote Notarization and Presence Requirements

Remote notarization — signing via video call with a notary — has become more common since 2020, but it does not change the presence rule. If only one party needs to be present, that one party can sign remotely. If both parties are required, both must appear on the video call at the same time. Some states allow remote notarization for most documents; others do not allow it at all or restrict it to certain document types. Real estate deeds, for example, are often prohibited from remote notarization even in states where other documents can be notarized remotely.

If you are considering remote notarization, confirm with the notary that your state and document type allow it. You will also need to provide a government-issued ID and may need to use a specific platform or software that the notary requires.

Frequently Asked Questions

Can I have someone else sign for me if I cannot be present?

No. The person whose signature appears on the document must be the one signing in front of the notary. The notary verifies the identity of the person signing. If you cannot attend, you cannot have someone else sign your name. You must be present yourself, either in person or via remote notarization if your state and document allow it.

If I am notarizing a power of attorney, does the person I am giving power to need to be there?

No. Only you, the person granting the power, need to be present. The attorney-in-fact — the person receiving the power — does not need to attend the notarization. You sign in front of the notary, and the document is complete.

What if the document says "notarize in the presence of both parties" but one party lives out of state?

Contact the notary or the organization that drafted the document. If remote notarization is legal in your state and allowed for that document type, both parties can sign via video call from different locations. If remote notarization is not an option, you may be able to have each party sign separately, or one party may need to travel. The document's requirements will determine what is possible.

Do both parties need to be present for a notarized affidavit?

No. An affidavit is a sworn statement by one person. Only the person making the statement needs to be present in front of the notary. The other party does not attend.