Not every notarized document requires a witness — and not every state treats witnesses the same way. While many U.S. states do not require witnesses at all, states like Florida, Georgia, and South Carolina have unique rules for certain documents such as wills, deeds, and powers of attorney.

Understanding when witnesses are required helps prevent rejected filings, delays in real estate closings, or invalid estate documents.

This guide explains when witnesses are needed, when they’re not, and what makes these three states different.

 1. When Witnesses Are Not Required for Most Notarizations

In most states—including New York, Texas, California, Illinois, Washington, and many others—witnesses are not required for standard notarizations such as:

• Affidavits

• Jurats

• Acknowledgments

• School documents

• Identity verification letters

• Business documents

• Loan modifications

• General agreements

The notary alone serves as the official witness for the signature.

However, some signing agencies (like mortgage lenders) may request additional witnesses, but this is a private requirement—not state law.

 2. Documents That Often Require Witnesses in Certain States

Witnesses may be required (depending on the state) for:

• Wills

• Durable Powers of Attorney

• Health Care Directives

• Living Wills

• Property Deeds

• Real Estate Transfers

• Trust Certifications

These requirements have nothing to do with notarization itself—rather, state law sets the witness requirement for the legality of the document.

 3. Florida Witness Rules

Florida is one of the strictest states for witness requirements.

✔ Documents That Require Witnesses in Florida:

1. Wills

   • 2 witnesses required

   • Notarization is optional, but witnesses are mandatory

   • Notary can act as one witness

2. Powers of Attorney

   • Must have 2 witnesses, plus notarization

   • Again, notary may be one witness

   • Witnesses must be present at signing

3. Certain Real Estate Deeds

   • Florida requires 2 witnesses for deeds that will be recorded

   • Some counties require strict adherence

✔ Remote Online Notarization (RON)

Florida allows RON, and remote witnesses are permitted, but only when the platform supports compliant identity verification.

 4. Georgia Witness Rules

Georgia has simpler but still specific witness rules.

✔ For Real Estate Documents:

• 1 witness is required for deeds and mortgages

• The notary may serve as the witness

• Some lenders still request two witnesses even though state law requires only one

✔ For Wills:

• 2 witnesses required (not a notary requirement)

• Notary often notarizes the self-proving affidavit, not the will itself

✔ General Notarizations

Most other notarized documents do not require witnesses.

 5. South Carolina Witness Rules

South Carolina has some of the most unique requirements.

✔ Real Estate Deeds must have:

• 2 witnesses

• One of the witnesses can be the notary

• Both witnesses must be present and observe the signing

✔ Healthcare Powers of Attorney:

• 2 witnesses required

• Certain people are not allowed to be witnesses (e.g., family members, healthcare workers involved in patient care)

✔ Wills:

• 2 witnesses required; notarization is optional

• Notary can notarize the self-proving affidavit, but cannot act as a witness for the will itself

✔ General Documents:

• Most documents do not require witnesses unless specified by law or the receiving agency.

 6. Why Some States Require Witnesses

Witness rules exist to ensure:

• The signer is acting voluntarily

• The signer is mentally competent

• Multiple people can testify that the signer was present

• Fraud is minimized in real estate and estate planning documents

Witnesses add an additional layer of protection beyond notarization.

 7. When Witnesses Are Not Allowed

Witnesses cannot be:

• Minors

• People who stand to benefit from the document

• Individuals named in the will or POA

• Anyone with a conflict of interest

• Someone the state expressly prohibits (e.g., healthcare workers in SC POAs)

Notaries must refuse if the proposed witness violates state rules.

 8. Tips for Clients Who Need Witnesses

✔ Bring your own witnesses if possible

Many notaries do not provide witnesses.

✔ Witnesses must be physically present

For RON, witnesses must appear on the same audio-video session.

✔ Witnesses must have legal capacity

They must understand what they are witnessing.

✔ Names on the document must match the ID

Witness signatures must be consistent.

Conclusion

Most U.S. notarizations do not require witnesses — but states like Florida, Georgia, and South Carolina have important exceptions for wills, powers of attorney, and real estate documents.

Understanding these rules helps ensure your document is legally valid and accepted by courts, lenders, and government offices.

At Looking Glass Runners Notary, we guide clients through witness requirements and ensure their documents meet all state-specific rules — whether notarized in person, mobile, or online nationwide.