What is a credible witness?

Short answer

A credible witness is a disinterested person who appears with the signer and swears under oath that the signer is who they say they are, when the signer cannot produce acceptable identification.

Full explanation

The witness must generally be impartial — no financial or beneficial interest in the transaction — and must personally know the signer. Depending on the state, the notary must either personally know the witness or identify the witness with acceptable ID, and some states require two witnesses. The witness is placed under oath by the notary, and the use of a credible witness is recorded in the journal.

Example

An elderly signer in a nursing home has no current ID. A longtime neighbor with a valid driver license, who receives nothing under the document, may serve as a credible witness where state law allows.

Common mistake to avoid

A person who benefits from the document — an heir, an agent named in a power of attorney, a party to the transaction — is not disinterested and should not serve as a credible witness.

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