Notary Laws by State: Why Commissioning State Rules Always Apply in Real Estate Closings

In the world of real estate closings, notarial laws can vary significantly from state to state. This creates unique challenges for signing services, title companies, and notaries, especially when dealing with nationwide transactions.

One question I often hear is:

“If a notary is commissioned in a state that prohibits them from acting as a witness, can they still act as a witness if the property is located in a different state where it’s allowed?”

Let’s break this down because while it may seem like a gray area, the answer is actually very clear, and very important.

No matter where the property is located, a notary must always follow the laws of the state where they are commissioned. That means their legal obligations are tied to their commissioning state, not the state where the property sits. Understanding laws by state is essential when coordinating closings across jurisdictions to avoid legal missteps.

Let’s take a real example.

In Georgia, the law prohibits a notary from serving as both the notary and a witness on real estate-related documents. So even if the closing involves a property located in Florida, where notaries are allowed to act as witnesses, a Georgia notary cannot legally do both.

Why?

Because the notary is performing their duties in Georgia, and Georgia law governs their actions, not Florida’s.

🏠 Property Location ≠ Notary Law Exception

It’s easy to assume that the property’s location dictates the rules, but that’s not how it works in the notarial world.

The signing may involve an out-of-state property, but the notarial act is taking place where the notary is physically located. That means the notary’s actions must comply with the rules of their home state, period.

So if you're handling a closing and your assigned notary is in a state with restrictions, here’s what you need to do:

✅ Ensure the notary only notarizes
✅ Provide a separate, independent witness if one is required

📋 States That Restrict Notaries From Acting as Witness

To make things clearer, here are some states with specific rules regarding whether a notary can act as both the notary and a witness:

• Georgia: Requires two witnesses for real estate documents; the notary cannot serve as one of them.
• Louisiana: Requires two witnesses; the notary cannot act as a witness.
• Connecticut: Requires two witnesses, but the notary can be one of them.
• Florida: Certain documents require two witnesses (like Quit Claim Deeds); the notary can be one of them but cannot notarize their own signature.
• South Carolina: Requires two witnesses; the notary can serve as one.

Important ⚠️: Some documents, like wills, may have additional restrictions in some states. For example, in Florida, if the notary is also a witness on a will, they cannot notarize it, as they would be notarizing their own signature.

Because of these legal nuances, it’s essential that notaries and signing services stay informed and always follow the notarial laws of the commissioning state.

🚫 What Happens If the Law Is Ignored?

If a notary unlawfully acts as both a notary and a witness in a state where that’s prohibited, it could cause major legal issues. The document may be:

• Challenged in court
• Deemed invalid
• Delayed during closing
• Or even open your company or the notary up to liability

In other words, cutting corners here can cost more than just time, it can cost trust, money, and reputation.

✔️ Best Practices for Signing Services and Notaries

Whether you're a signing service, escrow officer, or notary yourself, here are a few best practices to keep things smooth and compliant:

1️⃣ Always research the notary laws in the notary’s commissioning state

2️⃣ Never assume the property location allows flexibility in those laws

3️⃣ Provide a second person to act as a witness in restrictive states (like Georgia or Louisiana)

4️⃣ Educate your team and notaries—when in doubt, ask or don’t risk it

📌 Final Thoughts

Coordinating real estate closings across multiple states requires more than logistics, it requires legal awareness and clear communication.

When a notary is located in a state that restricts them from acting as a witness, the solution is simple: respect that state’s laws, even if the property is located elsewhere.

At The Closing Signing Service, we specialize in nationwide closings done the right way, legally, professionally, and with zero shortcuts. We vet our notaries, stay on top of each state’s requirements, and ensure your transactions are safe, smooth, and successful. Ready to simplify your next multi-state closing? Reach out today.