Do Both Parties Need to Be Present for Notarization?
Quick answer: No — in most cases, only the person whose signature is being notarized needs to appear before the notary. The other party can sign separately with a different notary, at a different time and location. Both parties only need to be present if the document specifically requires simultaneous signing.
The Basic Rule: The Signer Must Appear
The fundamental requirement of notarization is personal appearance. The person whose signature is being notarized must physically appear before the notary at the time of signing. The notary must:
- Verify the signer’s identity (government-issued photo ID)
- Confirm the signer is signing willingly and understands the document
- Witness the signature (or, for acknowledgments, confirm the signer acknowledges it as theirs)
- Apply the notary seal and complete the notarial certificate
This requirement applies to each signer individually — not to all signers at the same time.
When Both Parties Do NOT Need to Be Present
Most notarized documents do not require simultaneous signing. Each party can sign before their own notary, at their own time and place.
Common documents where parties sign separately
| Document | Both Present? | How It Works |
|---|---|---|
| Real estate deeds | No | Buyer and seller can sign with separate notaries |
| Power of attorney | No | The principal signs; the agent does not sign the POA itself |
| Affidavits | No | Only the person making the sworn statement signs |
| Loan documents | No | Borrower signs; lender has already executed their portion |
| Divorce agreements | No | Each spouse can sign before a different notary |
| Business contracts | No | Each party signs their copy separately |
| Vehicle title transfers | No | Seller signs the title; buyer signs separately |
| Wills | Varies | The testator signs; witnesses may need to be present (see below) |
How separate signing works
Example: You are selling a house in Texas, and the buyer lives in California.
- The buyer signs the closing documents with a notary in California
- You sign the closing documents with a notary in Texas
- Both sets of signed documents are sent to the title company
- The title company records the deed
This happens routinely in real estate, especially for remote closings.
When Both Parties MUST Be Present
A small number of documents require multiple signers to appear before the same notary at the same time.
Documents that may require simultaneous presence
- Mutual oaths or affirmations — When both parties swear to the same set of facts
- Certain prenuptial/postnuptial agreements — Some states require both spouses to sign before the same notary
- Witness requirements — Some documents (wills, trusts) require witnesses to sign in the presence of the notary AND the principal signer
- Signature witnessing for specific contracts — Rare, but some agreements specify all parties must sign simultaneously
How to know if both parties need to be present
Check the document’s notarial certificate. If it says something like “both parties personally appeared before me,” then yes — both must be there. If it says “the above-named person appeared before me” (singular), then only that signer needs to appear.
When in doubt, ask the attorney, title company, or organization that provided the document.
What About Witnesses?
Witnesses are different from parties. Some documents require one or two witnesses to watch the signer sign, and those witnesses may also need to sign before the notary.
| Document | Witnesses Needed? | Must Witnesses Be Present? |
|---|---|---|
| Wills | Yes (usually 2) | Yes — same time as testator in most states |
| Living wills / advance directives | Often 1-2 | Yes — usually at the same time |
| Real estate deeds | Varies by state | If required, yes |
| Powers of attorney | Sometimes 1 | Yes — at the same time if required |
| Standard contracts | Usually no | N/A |
If your document requires witnesses, bring them to the notarization appointment. The notary cannot serve as a witness in most states.
Options When Signers Are in Different Locations
1. Separate notarizations
The most common solution. Each signer visits their own notary. The completed documents are mailed or shipped to wherever they need to go. This works for the vast majority of documents.
- Cost: Standard notary fees for each signer ($2–$15 per signature per state)
- Time: As fast as each person can get to a notary
- Works for: Real estate, contracts, affidavits, POAs, vehicle titles
2. Remote Online Notarization (RON)
Both parties can get notarized from their own homes via secure video call. Each signer schedules their own RON session — they do not need to be on the same call.
- Cost: $25–$50 per session per signer
- Time: Can be done same-day from anywhere
- Works for: Most documents in states that allow RON
3. Mobile notary
If one or both signers cannot travel, a mobile notary comes to them — home, office, hospital, or anywhere else.
- Cost: $50–$150 including travel per signer
- Time: Same-day or next-day in most metro areas
- Works for: All documents, especially when the signer cannot leave their location
Frequently Asked Questions
Do both signers need to be present for a real estate closing?
No. The buyer and seller can sign with different notaries at different times and locations. This is standard practice, especially when parties are in different states. The title company coordinates the documents. See our real estate closing notary guide for details.
Can I get a document notarized without the other party knowing?
It depends on the document. For an affidavit or a power of attorney, only your signature is notarized — the other party does not need to be involved. For a contract, both parties eventually need to sign, but not necessarily at the same time. The notary’s job is only to verify your identity and witness your signature, not to notify other parties.
Do witnesses need to be at the notarization?
If the document requires witnesses, yes — they typically must be present at the same time as the signer. The notary will verify the witnesses’ identities and have them sign in the presence of the signer. The notary usually cannot also serve as a witness.
Can a notary come to my house if the other party can’t be there?
Yes. A mobile notary can come to your location to notarize your signature. If the other party needs separate notarization, they can schedule their own mobile notary or visit a bank notary or office.
What if the document requires both signatures and we’re in different states?
Each person signs before a notary in their own state. The notarized documents are then sent (usually via overnight mail) to the party coordinating the transaction. Each notary applies their own state’s seal. This is how interstate real estate transactions, business contracts, and legal documents are routinely handled.
Need a notary for your signing? Search by city to find notaries near you, compare mobile notary options for at-home service, or learn about remote online notarization for video-call notarization from anywhere.