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Document Witness

Casey Birkholz
  • Updated

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.
⚠️ The witnessing of a signature on a document in this context is not considered a notarization and is not an official notarial act.

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.

💡 Proof launched a pilot in April 2024 as an enterprise solution to provide one (1) or two (2) witnesses when required to complete a notarization. Remote On-Demand Witness allows organizations to leverage the Notarize Network to source witnesses - anytime, anywhere!

Enable this feature for your organization today, and keep your transactions moving!

ℹ️ At this time, the Remote On-Demand Witness feature is only available to organizations as part of a pilot program. Retail customers and notary producers will be able to utilize this feature in a future version. 

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.)
ℹ️ Learn about other types of witnessing.
❗Proof does not provide any legal advice, including advice about witness requirements.

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