A Document Witness is an individual who watches another individual sign a document. Usually, state law specifies when a Document Witness is required.
Examples of situations that require a document witness
- In some states, a deed or mortgage related to real property must have witnesses present when someone signs before it can be recorded.
- In many jurisdictions, powers of attorney may require one or more witnesses to be present at the signing. Witnesses typically sign the document as well.
Witnesses to these documents are typically not notaries — they are usually private individuals:
- In certain cases, notaries can serve as document witnesses in addition to notarizing a document.
- However, some states expressly prohibit this.
These witnesses are not typically required to validate their identity on the Proof platform. However, notaries may be required to confirm the age and/or ID of a Document Witness if instructed to do so by either of the following:
- The organization that created the transaction.
- Regulations of the state in which the notary is commissioned.
Witnesses typically observe the execution of a document by a person who is in the physical presence of the witness. However, that trend is shifting.
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Depending on the requirements for the document being signed:
- Witnesses may need to be at least 18 years of age.
- Close relatives might be prohibited from being a witness.
- More than one witness may be needed.
- Witnesses can use a non-U.S. ID if they are co-located with the signer(s) and using the same device. (Witnesses often do not need to provide ID, depending on the circumstances.)
Articles by Audience
🔗 Anyone can access most of the resources linked below. However, some notary articles require users to sign in to the Help Center. Read Access Notary Help Center Articles to learn more.
- Individuals: Witness Guidelines for Individuals
- Notaries:
- Business: Require a Witness
- Real Estate: Require a Witness on a Real Estate Transaction
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