In plain English
Witnesses are different from notaries. A document may need witnesses, a notary or both. The requirements come from the document type and local law.
A notary generally should not be an interested party.
Why it matters
Some documents need witnesses in addition to a notary, and arriving without them can stop a signing that took weeks to arrange. Wills and certain health care forms are common examples.
Who can serve as a witness matters too. A witness with a stake in the document may cause problems later when the document is relied on.
Worked example
A will is signed by the testator with two witnesses watching; a notary may also complete a self-proving affidavit.
What to do
- Ask the office or attorney that prepared the document how many witnesses are needed and who qualifies.
- Arrange witnesses with valid ID who have no interest in the document.
- Make sure witnesses watch the actual signature, not just sign afterward.
- Have witnesses print and sign their names where the form indicates.
- Do not assume the notary can also serve as a witness; ask first.
Common mistakes
- Using a family member named in the document as a witness can lead to questions about the document later.
- Having witnesses sign after the signer leaves fails because they must see the signature made.
- Showing up with one witness when the form needs two can halt the appointment.
Not the same as: Credible witness
A subscribing witness observes and signs a document, while a credible witness only vouches for the signer's identity to the notary. See Credible witness.
Go deeper
- What a Witness Does at a Signing (and What They Do Not): A witness watches a signature and may sign too. Learn how witnessing differs from notarizing, what witnesses attest to, and the limits of the role.
- Notary or Witness? How Signature Requirements Differ: Some documents need a notary, others need witnesses, and some need both. Learn the roles, who qualifies and how to read form instructions.
- Self-Proving Affidavit for a Will: Who Signs What: A self-proving affidavit lets witnesses' sworn statements stand in for later testimony. Learn the signing order, roles and notary responsibilities.
Related terms
- Title company: A company that researches property ownership, issues title insurance and often runs the closing.
- Unauthorized practice of law: Giving legal advice or choosing legal documents for someone when you are not a licensed attorney.
- Signing by mark: When a person who cannot sign their name makes a mark, usually with witnesses, and the notary records it.
Common questions
What is a subscribing witness?
A person who watches someone else sign a document and then signs it as a witness.
Can you give an example of subscribing witness?
A will is signed by the testator with two witnesses watching; a notary may also complete a self-proving affidavit.
Can the notary bring witnesses?
Some mobile notaries can arrange witnesses for an added charge. Ask when booking and confirm any rules on who may serve.
Do witnesses need to show ID?
Many notaries ask for it so they can record who witnessed. Requirements depend on the document and state.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.