GUIDE · UPDATED NOVEMBER 2026
Massachusetts Witness Requirements
Which documents need witnesses, which need a notary, and who can serve as a witness, in one table.
The short answer
Massachusetts requires witnesses for some documents and not others. Wills need two witnesses. Health care proxies need two adult witnesses. A signature by mark needs two witnesses at a notarization. Deeds and most powers of attorney do not require witnesses, but they need to be acknowledged before a notary to be recorded or widely accepted. Documents going abroad may have their own witness rules. This guide summarizes the most common requirements.
Witness requirements at a glance
| Document | Witnesses | Notary | Source |
|---|---|---|---|
| Will | Two witnesses | Only for the optional self-proving affidavit | M.G.L. c. 190B, §§2-502, 2-504 |
| Health care proxy | Two adult witnesses; the agent cannot be one | Not required | M.G.L. c. 201D |
| Durable power of attorney | Not required by statute | Expected by banks; required to record for real estate | M.G.L. c. 190B, Art. V; c. 183 |
| Deed | Not required | Acknowledgment required for recording | M.G.L. c. 183, §29 |
| Trust and certificate of trust | Not required by statute | Usually acknowledged; required to record a certificate of trust | M.G.L. c. 203E; c. 184 |
| Affidavit | Not required | Jurat | M.G.L. c. 222 |
| Signature by mark at a notarization | Two witnesses unaffected by the document | Required | M.G.L. c. 222, §15 |
| Signature made by the notary for a signer unable to sign or mark | Two witnesses, as the statute requires | Required | M.G.L. c. 222, §15 |
This table is a summary. Always follow the instructions of the attorney who prepared your document or the office receiving it.
Who can serve as a witness?
- An adult who is present and can see the signing.
- Someone with no interest in the document. For wills, avoid beneficiaries and their spouses.
- For a health care proxy, anyone other than the health care agent.
- For a signature by mark, witnesses unaffected by the document who sign next to the mark.
- In hospitals, ask in advance: many facilities do not allow staff to serve as witnesses.
Can the notary be a witness?
A notary's role is to identify signers and complete the notarial act. Where a document needs witnesses in addition to a notarization, such as a will with a self-proving affidavit or a signature by mark, plan for separate witnesses. We can help arrange witnesses when we know in advance.
Signature by mark
When a signer cannot write their name because of a stroke, paralysis, injury or illness, Massachusetts allows the signer to make a mark, such as an X, in the presence of the notary and two witnesses who sign beside it. This is common at bedside signings. See Signature by Mark in Massachusetts.
Documents going abroad
Foreign countries often have their own witness rules. Some powers of attorney, deeds and affidavits for use abroad must be signed before witnesses with their names and addresses, and some require the witnesses' identification. Follow the instructions that come with the document. After notarization, the document is apostilled or legalized for the destination country. See Powers of Attorney for Use Abroad.
Planning a signing with witnesses
- Confirm how many witnesses the document needs and who qualifies.
- Make sure witnesses bring a current photo ID if the document or recipient requires it.
- Gather everyone in the same place at the same time.
- Tell us in advance so we can plan the appointment. See Estate Plan Signing Ceremony.
Witness checklist for signing day
- The correct number of witnesses for each document.
- Witnesses who are adults and have no interest in the document.
- Current photo identification for every signer, and for witnesses when required.
- Pens with permanent ink and the final documents in order.
- A quiet space where everyone can see the signing.
- Time for everyone to stay until every document is signed.
Remote and electronic witnessing
During the pandemic, Massachusetts temporarily allowed some remote witnessing and notarization. Those temporary measures have ended, and Massachusetts remote online notarization is authorized but not yet available. Plan for in-person signings with witnesses physically present.
Good to know
Wills
Two witnesses.
Health care proxies
Two adults, not the agent.
Deeds
Acknowledgment, no witnesses.
Signature by mark
Two witnesses at the notarization.
Official sources
- M.G.L. c. 190B, §2-502: execution of wills
- M.G.L. c. 201D: health care proxies
- M.G.L. c. 183, §29: acknowledgment of deeds
- M.G.L. c. 222, §15: notarial certificates and signature by mark
This guide summarizes Massachusetts law for general information. It is not legal advice, and notaries public are not attorneys.
Frequently asked questions
How many witnesses does a will need in Massachusetts?
Two.
Does a Massachusetts deed need witnesses?
No, but it must be acknowledged before a notary to be recorded.
Who can witness a health care proxy?
Any two adults other than the health care agent.
Can you provide witnesses?
We can help arrange witnesses when we know in advance. Many facilities do not allow staff to serve as witnesses.
Can a family member be a witness?
Family members can witness some documents, but avoid beneficiaries for wills and the health care agent for a health care proxy.
Do witnesses need ID?
Massachusetts law does not always require it, but some documents and foreign offices do. Bring ID to be safe.
Planning a signing with witnesses?
Tell us what you are signing, and we will plan the appointment and the witnesses with you.