That is a tricky question. 

Technically, yes, a Notary may also serve as a witness to a document they’re notarizing. In fact, in some states, it is a common practice, especially on real estate documents. However, Notary Public Underwriters strongly cautions against this.

That is a tricky question. 

Technically, yes, a Notary may also serve as a witness to a document they’re notarizing. In fact, in some states, it is a common practice, especially on real estate documents. However, Notary Public Underwriters strongly cautions against this. It is easy to accidentally fall into a situation where a Notary unintentionally notarized his/her/their own signature. 

If the document requires the notarization of the witnesses’ signatures, the Notary MUST NOT also act as a witness. If the Notary signed as a witness on a document that required notarization of the witnesses’ signatures, he/she/they would be notarizing his/her/their own signature, which is a criminal violation of notary law. A self-proof affidavit on a will or codicil is a good example of a document that requires the notarization of the signatures of the testator and both witnesses. 

A different situation where the Notary could unintentionally notarize his/her/their own signature is if the notarial certificate is not specific regarding the signer’s name. The Notary must make sure they certify within the notarial certificate the name of the person/s whose signature is to be notarized. When that specific notation is missing, notary law presumes all signatures were notarized. 

Overall, it is best practice to never act as a Notary and a witness on the same document to avoid a future legal challenge or the loss of your notary commission. 

If you have additional questions, please contact our Customer Care Team. We’d love to assist you!