Who Can and Cannot Be a Witness to a Signing

Basic qualifications

Most requirements say a witness must be an adult, of sound mind and able to see the signing. The witness should be able to understand that a document is being signed. Some states ask that a witness be able to read and write or to sign a name.

Always read the document's instructions and the law that applies to it.

A person who is very ill, intoxicated or unable to focus may not be a good witness. If the signing is in a hospital, choose a witness who is alert and able to stay.

For a will, a typical safeguard is a short affidavit signed by witnesses at the signing. It can make the probate process smoother later. Ask the attorney whether the document includes one.

Interested parties

A person who benefits from a document should not serve as a witness. For a will, that includes a beneficiary or the beneficiary's spouse in many places. Laws differ on what happens if an interested person witnesses, but the risk of problems is high.

Avoid the risk by choosing someone who gains nothing.

If a gift to the witness appears in a will, some laws void the gift or the witnessing. The result can surprise families, so choose independent witnesses from the start.

Family and friends

Relatives are not always barred, but they are often interested. A friend who is not named in the document may be fine, but a friend who will later inherit through someone else may not. When the stakes are high, many families choose people outside the circle.

Ask the lawyer who prepared the document about family witnesses.

A neighbor or coworker with no connection to the family is often an ideal choice, provided they can attend and will keep an address on record.

Employees and professionals

A lawyer's staff often serve as witnesses to signings at the law office. Their independence is part of why this works. A caregiver or facility employee may be restricted by their employer's policies, or may have a relationship with the signer that raises questions.

Someone paid by a party to the document should be treated carefully.

The person who drafted the document is often a poor witness if they have a financial interest in the matter, such as a fee tied to the outcome. A lawyer's staff witnessing a routine signing is common.

Number and timing

Many documents call for two witnesses. Both usually must see the signing at the same time. If the instructions say the witnesses must sign in each other's presence, follow that exactly. Do not collect witness signatures on different days unless the document allows it.

Mark down names and addresses for each witness.

Bring ID for the witnesses too, even if not required, because attorneys and notaries often ask for names and addresses to be written clearly.

Remote witnessing

Some places allow virtual witnessing with conditions, and some do not. Ask the drafter before relying on it.

Ask your drafter whether remote witnessing is accepted for your document and in your state. Rules are changing, and the safe answer is to check.

Mistakes that get documents rejected

Using someone who benefits under the document, such as a beneficiary, is the most common mistake. Another is choosing a witness who is not an adult or who cannot be present for the full signing. For a will, state law decides who may witness; for other documents, the receiving office may have rules. Check before the signing.

Checklist before you book

Pick adults who have no interest in the document. Confirm how many are needed. Ask the attorney or office about restrictions. Bring ID in case it is requested.

Common questions

More notary guides

• Signing a Durable Power of Attorney: Notary Steps
• Signing a Quitclaim Deed Between Family Members
• Prenuptial Agreement Signing and Acknowledgment

This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.