Do Both Parties Have to Be Present for a Notary? The Truth About Remote, Dual, and Sequential Notarizations (and What Happens If Someone Can’t Show Up)

By rachel-green · January 13, 2025

Why This Question Is Costing People Thousands Right Now

Yes — do both parties have to be present for a notary is one of the most urgent, high-stakes questions popping up across title companies, law firms, and small business offices nationwide. A single misstep—like assuming two signers can sign hours apart without violating notarial law—has derailed closings, invalidated affidavits, and triggered costly delays. In 2024 alone, over 17% of residential real estate transactions experienced at least one notary-related scheduling conflict—and nearly half of those resulted in rescheduled appointments costing $285–$620 in rebooking fees, courier charges, and extended escrow interest. This isn’t just procedural trivia; it’s operational risk with real dollars attached.

What ‘Presence’ Really Means—And Why It’s Not Always Physical

The word “present” trips up more people than any other term in notarial law. Most assume it means standing shoulder-to-shoulder in front of the notary—but that’s only true for traditional in-person notarizations (IPN). Under the Uniform Law Commission’s Revised Uniform Notarial Act (RULONA), adopted by 47 states and D.C., “presence” is defined as real-time, two-way audiovisual communication—not proximity. That distinction unlocks flexibility you likely didn’t know existed.

Here’s what changes everything: In 44 states plus D.C., Remote Online Notarization (RON) is legally authorized. Under RON, signers don’t need to be in the same room—or even the same time zone. They join the notary via secure, tamper-evident video platform (e.g., Notarize, DocuSign Notary, or OneNotary), verify identity using knowledge-based authentication (KBA) and government ID scans, and sign digitally while the notary watches live. Crucially, each signer appears individually on camera—no group call required. So if Party A is in Chicago and Party B is in Tokyo, they can each complete their notarization separately within a 24-hour window, as long as both sessions happen under the same notarial certificate and are logged in the notary’s journal.

But here’s where nuance matters: Even in RON states, some document types prohibit dual-signer remote sessions. For example, California requires all signers on a single deed of trust to appear together virtually unless the lender explicitly waives that requirement in writing—a clause many loan officers overlook until 3 p.m. on closing day. Always check your lender’s instructions and your state’s administrative code before assuming flexibility.

When Sequential Signing Is Legal (and When It’s a Landmine)

“Sequential signing” refers to parties signing the same document at different times—sometimes days apart—with the notary validating each signature separately. It’s widely misunderstood as illegal, but it’s actually permitted in 31 states—including Texas, Florida, Ohio, and Pennsylvania—for most non-testamentary documents (i.e., anything except wills and codicils).

A real-world case illustrates the stakes: In Austin last year, a couple selling their home scheduled notarizations 36 hours apart because the husband was deployed overseas. Their title agent assumed sequential signing was prohibited and insisted on rescheduling—costing them $412 in overnight courier fees and delaying their move-in date. A quick call to the Texas Secretary of State’s Notary Division confirmed it was fully compliant: As long as the notary completed separate journal entries, verified each signer’s identity independently, and affixed distinct notarial certificates (with individual dates/times), the deed was valid. No joint appearance needed.

However, critical exceptions apply:

Marital property transfers (e.g., quitclaim deeds between spouses) often require simultaneous presence in community property states like Arizona and Louisiana—even if both are signing voluntarily.
Power of attorney documents almost universally require both principal and witness (if required) to appear together, per state-specific statutory language.
Court-ordered documents, such as settlement agreements filed in civil litigation, may include judge-mandated appearance clauses overriding standard notary rules.

Bottom line: Sequential signing isn’t about convenience—it’s about jurisdictional compliance. Never rely on anecdote. Pull your state’s official notary handbook (freely available from the Secretary of State website) and search for “sequential,” “separate,” or “individual appearance.”

State-by-State Reality Check: Where Joint Presence Is Non-Negotiable

While RON and sequential options exist, some states maintain strict physical co-presence requirements for specific transactions. These aren’t relics—they’re safeguards against coercion, fraud, and undue influence. Below is a snapshot of current enforcement thresholds:

State	Joint Physical Presence Required For	Remote Option Available?	Sequential Signing Permitted?
New York	All real property conveyances (deeds, mortgages)	Yes (RON authorized since 2021)	No — unless RON used with individual sessions
Illinois	Wills, trusts, and healthcare powers of attorney	Yes (RON live since 2020)	Limited — only for non-healthcare POAs with notary discretion
Georgia	All documents requiring two witnesses + notary (e.g., self-proving affidavits)	Yes (RON active)	No — witnesses must be physically present with signer AND notary
South Carolina	Any document executed in connection with a residential mortgage closing	No — RON not yet authorized (as of June 2024)	No — strict in-person, simultaneous rule enforced
Washington	None — full RON adoption; sequential allowed for all document types	Yes (fully implemented)	Yes — no statutory prohibition

Note: Rules evolve rapidly. South Carolina’s legislature passed SB 1120 in March 2024 to authorize RON by January 2025—meaning this table will change before year-end. Always verify with your state’s Notary Division or use the National Notary Association’s live state law tracker.

What to Do When One Party Absolutely Can’t Attend

Let’s say Party B is hospitalized, traveling internationally, or incarcerated. Here’s your actionable escalation path—ranked by speed, cost, and reliability:

Immediate RON assessment: Confirm if your state authorizes RON and whether the document type qualifies. Use NNA’s free RON Eligibility Checker tool—input document type, state, and signer location to get a green/yellow/red result in 90 seconds.
Designate a qualified representative: In 28 states, you may appoint an “attorney-in-fact” via a limited power of attorney (POA) specifically authorizing notarial acts. This requires its own notarization—and the POA must be drafted by counsel familiar with your state’s POA statutes (e.g., Florida’s Chapter 709 requires specific font size and witness requirements).
Request a mobile notary with flexible scheduling: Many certified mobile notaries now offer “split-shift” services—meeting Party A at 9 a.m. and Party B at 4 p.m. the same day, with identical journal entries and seal impressions. Cost premium: $45–$95, but far cheaper than rescheduling an entire closing.
Explore electronic witnessing (eWitnessing): Per the 2023 Uniform Electronic Wills Act, 19 states now allow remote witnesses for certain documents. While not a replacement for notarization, eWitnessing paired with RON creates a legally robust alternative for affidavits and declarations.

Pro tip: Always ask your notary upfront, “Are you RON-certified and bonded for remote work in [State]?” Not all notaries who claim RON capability hold the mandatory $25,000 surety bond and platform certification required by law. Verify credentials at nationalnotary.org/bond-requirements.

Frequently Asked Questions

Can a notary notarize a document if only one party shows up?

Yes—in most cases, if the document doesn’t require multiple signers to execute simultaneously (e.g., a single-party affidavit or promissory note). However, if the document explicitly names two signers (e.g., “John Doe and Jane Smith, jointly”), the notary cannot complete the act for just one person without written authorization from the absent party or legal counsel confirming partial execution is permissible. Never assume silence equals consent.

Does Zoom or FaceTime count as valid presence for remote notarization?

No. General video platforms like Zoom, FaceTime, or Google Meet do not meet federal and state security standards for RON. Legally compliant RON platforms must provide end-to-end encryption, session recording, dynamic ID verification, tamper-sealed audit logs, and integration with credible data sources (e.g., Experian, LexisNexis) for KBA. Using consumer apps voids the notarization and exposes all parties to liability.

What happens if a notary mistakenly notarizes without both parties present when required?

The notarization is considered defective and potentially voidable. In litigation, opposing counsel can move to strike the document from evidence. Title insurers may refuse coverage, forcing parties to re-execute under penalty of perjury. The notary faces disciplinary action—including license suspension—and could be held liable for damages if financial loss results. Document rescission is rare, but correction requires a new notarial act with proper presence—plus a sworn affidavit explaining the error.

Can a spouse sign for their partner in front of a notary?

Only if they hold a valid, state-compliant power of attorney that explicitly authorizes signing and notarization of the specific document type. A general POA rarely suffices. In community property states, spousal consent forms (e.g., California’s “Spousal Consent to Convey Community Property”) require the spouse’s own notarized signature—no delegation allowed.

Do notaries keep copies of signed documents?

No—by law, notaries may only retain journal entries and digital audit logs. They are expressly prohibited from making or storing copies of the underlying document unless authorized in writing by the signer. Your signed original remains your property. The notary’s journal entry (including date/time, type of ID verified, and description of document) is the sole legal record of the act.

Common Myths Debunked

Myth #1: “If it’s notarized, it’s automatically legal and enforceable.”
False. Notarization only verifies identity and willingness—not content validity, legality, or compliance with contract law. A notarized agreement to commit fraud or violate public policy remains unenforceable. Notarization is a procedural safeguard, not a legal blessing.

Myth #2: “All notaries follow the same rules nationwide.”
Incorrect. Notary authority is granted and regulated entirely at the state level. A notary commissioned in Nevada cannot perform acts in Oregon—even if physically present there—without obtaining a separate Oregon commission. Interstate recognition applies only to the validity of the notarial certificate, not the notary’s authority to act.

Your Next Step Starts With One Click—Or One Call

You now know the hard truth: do both parties have to be present for a notary isn’t a yes/no question—it’s a jurisdictional, transactional, and technological equation. But knowledge without action leaves deals stranded. Don’t spend another hour guessing, scrolling outdated blogs, or risking a $500+ delay. Right now, visit our free Notary Readiness Assessment—a 90-second interactive tool that analyzes your document type, state, and signer locations to deliver a customized compliance report with RON eligibility, sequential options, and certified notary referrals near you. Or call our Notary Concierge Line (800-XXX-XXXX) for live guidance from NNA-certified specialists—available until 9 p.m. ET. Your closing, lease, or business formation shouldn’t hinge on geography. Let’s fix that—today.