GUIDE · UPDATED NOVEMBER 2026
Can a Notary Be a Witness?
The answer depends on what kind of witness the document requires. Here is how Massachusetts law separates the notary’s role from that of the signing witnesses.
The short answer
A notary is an impartial official who identifies the signer and completes a notarial act. When a document requires separate witnesses in addition to a notarization, the notary generally cannot also serve as one of them. Plan for the full number of witnesses besides the notary.
A notary may sign as an ordinary witness on a document that is not being notarized, but in that case the notary is acting as a private individual, not as a notary.
When the notary can and cannot count as a witness
| Situation | Can the notary be one of the witnesses? |
|---|---|
| Signature by mark (signer makes an X) | No. Massachusetts requires two witnesses unaffected by the document, in addition to the notary. |
| Notary signs for a person who cannot sign or make a mark | No. Two separate witnesses must be present and sign. |
| Will with a self-proving affidavit | No. The two witnesses swear before the notary, so the notary cannot be one of them. |
| Health care proxy | A notary is not required. Any two adults other than the health care agent may witness, and a notary may sign as a private individual. |
| Document naming the notary, or one in which the notary has a financial interest | The notary cannot notarize it at all. |
| Foreign document requiring witnesses | Usually no. Follow the document’s instructions, which often call for witnesses separate from the notary. |
Signing with witnesses?
Tell us in advance and we can help arrange qualified witnesses.
Does a notary have to watch you sign?
It depends on the notarial act. Under Massachusetts law:
| Notarial act | Must you sign in front of the notary? |
|---|---|
| Acknowledgment | Not necessarily. You must appear in person and confirm that the signature is yours and was made voluntarily, but you may have signed beforehand. |
| Jurat (sworn statement) | Yes. You sign in the notary’s presence and swear or affirm that the contents are true. |
| Signature witnessing | Yes. You sign in the notary’s presence. |
Unless you are certain the document calls for an acknowledgment, wait to sign until the notary is present. See Acknowledgment vs. Jurat.
Who can serve as a witness
Witnesses should be adults who are present for the signing and have no interest in the document. For wills, avoid beneficiaries and their spouses; for a health care proxy, the agent cannot be a witness. Many hospitals do not permit staff to serve as witnesses, so arrange witnesses in advance. See Massachusetts Witness Requirements for a document-by-document table, and Signature by Mark.
Good to know
Separate roles
Plan witnesses in addition to the notary.
Signature by mark
Two witnesses besides the notary.
Acknowledgment
You may sign beforehand.
Jurat
You sign in front of the notary.
Official sources
- M.G.L. c. 222, §1: definitions of notarial acts
- M.G.L. c. 222, §15: signature by mark and signature by notary
- M.G.L. c. 222, §16: when a notary may not act
This guide is general information about Massachusetts and federal requirements. It is not legal advice.
Frequently asked questions
Can a notary also be a witness?
Not when the document requires witnesses in addition to the notarization. The notary’s role is separate, so plan for the full number of witnesses besides the notary.
Can a notary witness a will in Massachusetts?
A notary may sign as one of the two witnesses to a will as a private individual. If the will includes a self-proving affidavit, the witnesses swear before the notary, so the notary cannot also be a witness.
Does a notary have to witness my signature?
For a jurat or a signature witnessing, yes. For an acknowledgment, you may have signed beforehand, but you must appear before the notary in person.
Can the notary provide the witnesses?
We can help arrange witnesses when we know in advance. Witnesses must be adults with no interest in the document.
Can a family member be a witness?
Often yes, unless they benefit from the document, such as a beneficiary of a will or the agent named in a health care proxy. Follow the instructions of the attorney or office receiving the document.
Planning a signing that needs witnesses?
Tell us the documents and the number of witnesses, and we will plan the appointment.