Most documents don’t require witnesses or notarization, but occasionally a document will require both. It can complicate matters because usually the witnesses, notary and signer must be together when the document is signed.
Who can be a witness? Any legal adult that does not have financial interest in the document being signed. The most common source for witnesses are neighbors, co-workers and friends.
The document may be a Will or Advanced Health Care Directive related to a Living Trust or it may be a real estate document that transfers real property located in the state of Connecticut, Florida, Georgia, Louisiana or South Carolina. Some common documents that would require a witness are Grant Deeds, Warranty Deeds, Quit Claim Deeds, Mortgages, and Deeds of Trust.
Connecticut: Two witnesses required (one witness may be the notary)
Florida: Two witnesses required (one witness may be the notary)
Georgia: One witness required (cannot be the notary)
Louisiana: Two witnesses required (neither can be the notary)
South Carolina: Two witnesses required (one witness may be the notary)
Some foreign documents require witnesses in addition to the notarization and often the signers don’t understand that the witnessing and notarization must occur at the same time.
If the document requires an Acknowledgment notarization and the signer signs prior to appearing before the notary, the notarization can still proceed provided the signer acknowledge they signed the document. If, however, the document requires a Jurat notarization, the signer will need to resign the document once they are before the notary, after the notary administers an oath.
For these reasons it’s generally recommended that the signer wait to sign until they’re before the notary. While it certainly can be complicated to coordinate signers, witnesses and a notary, utilizing the services of a mobile notary who can travel to the signer’s location can simplify matters and is often the best solution in these situations.
©2015 Totally Notary All Rights Reserved