In plain English
Rules differ by state: some allow it, some require the witness to be personally known to the notary, and some do not allow it.
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The witness usually takes an oath.
Why it matters
For a hospital patient whose license expired, or an older adult who no longer drives, a credible witness may be the only path to a notarization. If the state does not allow it, the family needs a different plan before the notary arrives.
Because the witness swears to the signer's identity, they take on responsibility, and they cannot be someone with a stake in the document.
Worked example
A signer's ID has expired. In a state that allows it, a neighbor who has proper ID and knows the signer swears to who they are.
What to do
- Ask the notary whether credible witnesses are allowed in their state and what rules apply.
- Choose a witness who knows the signer personally and has acceptable ID.
- Make sure the witness has no interest in the document.
- Bring the witness to the appointment so they can take an oath.
- Expect the notary to record the witness details in the journal.
Common mistakes
- Using a beneficiary as a credible witness can disqualify them and stop the signing.
- Bringing a witness who met the signer that day fails because they must actually know the signer.
- Assuming every state allows credible witnesses can mean a wasted trip when the notary must refuse.
Not the same as: Subscribing witness
A credible witness vouches for who the signer is, while a subscribing witness watches a signature being made and signs the document as a witness. See Subscribing witness.
Go deeper
- What ID do you need to get something notarized?: What identification a notary asks for, which IDs are usually accepted, what to do if your ID is expired or you do not have one, and how names should match.
- Who Can and Cannot Be a Witness to a Signing: Choosing a witness for a will, deed or other signing: age and capacity, interested parties, family, employees and why independence matters.
Related terms
- Deed: A document that transfers ownership of real property.
- Errors and omissions (E&O) insurance: Insurance that may cover a notary's mistakes, separate from a bond.
- Credential analysis: Technology that checks whether a government ID is genuine, used in remote online notarization.
Common questions
What is a credible witness?
A person who knows the signer and vouches for their identity to the notary when the signer lacks acceptable ID, where state law allows it.
Can you give an example of credible witness?
A signer's ID has expired. In a state that allows it, a neighbor who has proper ID and knows the signer swears to who they are.
Can the notary act as a credible witness?
No. The credible witness is a separate person who confirms identity to the notary under oath.
How many credible witnesses are needed?
It depends on the state and whether the notary knows the witness. Ask the notary what their state requires.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.