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When you want to make a document effective, you typically sign on the dotted line and have yourself a done deal. However, sometimes your signature isn’t enough.
Some documents require an added layer of assurance and validity. This is when notaries and witnesses step in.
The purposes of and differences between notaries and witnesses can get a little confusing. So here are some answers to common questions about witnesses and notaries to help you confidently execute your next document.
A notary public is a state-appointed official with authority to notarize documents. They do this by formally witnessing and certifying signatures to verify the identities of the parties involved in a contract and ensure the signers understand which document they are signing. They’ll then stamp their notary seal near their notary signature.
Notaries also perform a variety of other tasks, like administering oaths and affirmations and certifying copies of documents. They don’t always need to witness a document’s signing as long as they can verify the identities of the signees.
As a state representative, it’s crucial that a notary doesn’t let self-interest interfere with their responsibilities. Notaries need to be impartial, professional, and exercise good judgment.
A notary has the right to refuse services if they:
A notary public attests to a document’s authenticity and proper execution.
Some financial institutions require notarized legal documents in order to deter fraud. For example, when creating a Power of Attorney, the notary checks the identity of the people involved and makes sure they each sign the agreement willingly.
Another benefit of using a notary is that in most jurisdictions the signers don’t have to testify in court to verify their signatures, as the notary has confirmed that the signatures belong to the people whose names appear on the document
Yes, you can notarize a document online, rather than in person. LawDepot’s Online Notary allows you to upload your document in any state and remotely connect with a notary public.
Witnesses aren’t always necessary, but you’ll likely need one if you’re creating a document requiring a notary.
A witness is a neutral third party who watches the parties sign their legal document. They’re brought in to confirm the identities of all the signers and that no forgery occurred. After that, they sign the document too.
Your witness must be at least 18 years old and of sound mind when witnessing a document’s execution. They also can’t be in a position to benefit from the contract or be related to one of the signers. If they are, they’re creating a conflict of interest.
Even if your document doesn’t require a witness, it doesn’t hurt to include one because they can confirm the validity of the signatures if they’re ever disputed.
However, in limited circumstances, a notary may act as a special type of witness, called a signature witness. Five states, Connecticut, Florida, Georgia, Louisiana, and South Carolina, require signature witnesses on deeds or mortgages related to real property (e.g. land or real estate). All these states require two witnesses, except Georgia. In Georgia and Louisiana, a notary may not act as a signature witness.
Most states don’t allow a notary to double duty as a notary and a witness for the same document. If you have a notary acting as a witness, you’ll need a second one to notarize the document.
There are some rare exceptions to this rule, though. For example, Florida, Connecticut, and South Carolina allow notary publics to notarize and witness a document.
You’ll usually need to have your document notarized and witnessed if it’s related to matters concerning the court system, banks, or other financial institutions.
Some of the most common documents that get notarized include:
These documents require notarization because they’re used to deal with finances, property, estates, and sworn statements, and it’s essential that no fraud occurs.
Some states have specific legal forms (e.g., a Will) that have particular signing requirements regarding the number of witnesses you must have. Whether or not you need one will depend on the document and your jurisdiction.
The cost of a notary depends on the document you’re looking to notarize, the notary you choose, and the state in which you are executing the document. Most states set a maximum fee for what notaries can charge.
If you’d like to use LawDepot’s Online Notary, the price is $25 for the first notarization seal and $10 for each additional seal.
Notary publics can typically be found at businesses that offer automobile title transfers, financial services, or shipping services. If you’re looking to find a notary in your area, check any of the following resources:
To become a notary, you must meet your state’s qualifications. These can usually be found on your Secretary of State’s website.
The requirements for being a notary vary between states. However, a general requirement for being a notary is to be at least 18 years old, have no criminal record, and reside in the state they’re acting in.
If you meet the qualifications, you must submit an application and pay a state filing fee.
Depending on your state, there may be additional steps, such as:
To become an online notary, you need to meet the standard requirements of any public notary in your state. After that, you must fill out a notary commission application and register to perform remote online notarizations.
Some states require you to take remote online notarization (RON) training and to pass an exam. You may also need a surety bond or errors and omission insurance because any notary mistakes can cause serious harm to a signer. Bonds and insurance can offer protection to the notary and the signer.
It’s common for people to confuse acknowledgements with the act of witnessing. Although they’re both related to the signing of documents, they serve very different purposes.
Witnesses confirm the identities of the parties and ensure there’s no forgery when signing a document.
Acknowledgments don’t involve witnesses. They’re an act between the notary and the signee. For an acknowledgment to occur, the signer must declare to the notary that they’re willing to sign the document for its intended purpose. They also need to state that the signature on the document is theirs.
Whether it’s a loan, purchase, or separation of assets, signing a legal document brings its terms into effect. Notaries and witnesses observe a document’s signing and confirm each signer’s identity.
Ensure you’re signing a document according to the requirements of your state law and the document itself. Many banks and other institutions have their own signing policies, so if they require notarization, contact a notary for their services.
An Affidavit is a sworn written statement made before an official or anyone who may legally administer an oath.
A Last Will and Testament gives you the ability to protect your loved ones and to decide what happens to your estate and children after your death - not the government.
A Power of Attorney is a document which gives another party the legal authority to act on your behalf in order to manage your legal and financial affairs. The power given can be very broad to allow complete control over all your finances and property, or it can be limited to a specific task. A Power of Attorney is crucial to have when planning for future incapacity or extended absences from home.
A Prenuptial Agreement is a contract entered into between two people who are about to marry. It sets out how assets will be distributed in the event of divorce or death. It can also be used to address other important matters to the couple about to be married such as rights to future spousal support, etc. A prenuptial agreement is normally used in situations where one or both parties: have significant wealth or expect to receive a large inheritance, have a personal business, wish to keep all assets and debts separate, were previously married, and/or have children from a previous relationship.
A Quitclaim Deed is used to transfer a title or whatever interest the owner (grantor) may have in property to another person (grantee) without any warranties of title.
