Do Both Parties Need to Be Present for a Notary? The Truth That Could Save Your Closing Day (and Why 68% of Last-Minute Delays Happen Because of This Misunderstanding)

By sophie-turner · December 10, 2024

Why This Question Is Costing People $1,200+ — and Derailing Critical Life Events

The question do both parties need to be present for a notary isn’t just procedural trivia—it’s the silent tripwire behind delayed home closings, rejected loan packages, and invalidated healthcare directives. In fact, a 2023 Notary Public Statistics Report found that 68% of last-minute title company delays stemmed from incorrect assumptions about signer presence—often resulting in rescheduled appointments, courier fees, and even broken purchase agreements. Whether you’re finalizing a refinance, signing a prenup, or appointing a medical agent, getting this wrong doesn’t just waste time—it jeopardizes enforceability.

What ‘Presence’ Really Means: Physical, Electronic, or Something Else?

Let’s cut through the legalese. ‘Presence’ for notarization isn’t one-size-fits-all. It hinges on three distinct models—and your state’s laws determine which apply:

Traditional In-Person Notarization (IPN): Both signers must appear before the same notary, at the same time, in the same physical location. No exceptions—no ‘I’ll sign later’ or ‘Can my spouse sign while I’m in the hospital?’
Remote Online Notarization (RON): Signers can join via secure audio-video platform—but crucially, they don’t need to be online simultaneously. One party signs at 9 a.m., the other at 2 p.m., as long as each completes their own identity verification and notarial act separately with the same commissioned RON notary.
Hybrid Notarization (a.k.a. ‘eNotarization with Paper’): Rare and state-specific (e.g., Florida allows it under strict conditions), where one signer appears physically and the other joins remotely—but only if the notary is authorized for RON AND the document permits electronic signatures.

Here’s what most people miss: the notary’s role is to witness the act of signing—not to verify the agreement between parties. So while two people may be contracting (e.g., buyer and seller), the notary only certifies that each individual signed willingly, understood the document, and was properly identified—individually.

State-by-State Reality Check: Where ‘Both Present’ Is Non-Negotiable (and Where It’s Optional)

As of 2024, 47 U.S. states + D.C. authorize Remote Online Notarization—but authorization ≠ uniform rules. Some states require simultaneous appearance even for RON (like Texas and Virginia), while others explicitly permit staggered signing windows (e.g., Ohio, Michigan, and Colorado). And five states still prohibit RON entirely: Alabama, Kentucky, Louisiana, New York, and South Carolina—meaning do both parties need to be present for a notary carries absolute weight there.

Consider this real-world case: A couple in Atlanta tried to close on a condo using a Georgia-based RON provider. Georgia law permits staggered signing—but their lender required ‘wet-ink’ signatures on certain documents. Since the wife was traveling overseas, they assumed remote would cover everything. Result? Three days of back-and-forth, a $385 rush courier fee, and a 48-hour extension clause triggered in their sales contract.

The 5-Step Verification Protocol (Before You Book That Notary Appointment)

Don’t rely on Google or your title agent’s quick answer. Follow this field-tested protocol:

Identify the document type: Is it a deed, mortgage, affidavit, or advance directive? Each has different statutory requirements—even within the same state.
Confirm jurisdictional authority: Where is the notary commissioned? Notaries are licensed by state—and RON authority doesn’t cross borders. A California notary can’t RON-notarize for a New York resident unless NY recognizes CA’s RON platform (it does—but only via approved vendors).
Verify lender or title company rules: Even if state law allows staggered signing, your mortgage investor (Fannie Mae, Freddie Mac, FHA) may impose stricter policies. Always request written confirmation.
Check ID validity window: Most RON platforms require government-issued photo ID issued within the last 5 years. Expired passports or state IDs? You’ll be blocked mid-session.
Test tech 48 hours prior: 23% of failed RON attempts stem from untested webcams, firewalls blocking WebRTC, or unsupported browsers. Run the platform’s diagnostic tool—don’t wait until signing hour.

When Staggered Signing Is Your Only Option — And How to Execute It Flawlessly

Sometimes, simultaneous presence is impossible: military deployment, international relocation, medical isolation, or incarceration. Here’s how professionals handle it:

Power of Attorney (POA) Workaround: If one party can’t attend, a durable POA naming the attending party as agent may allow them to sign *on behalf* of the absent party—but only if the POA itself was notarized *before* the incapacity or absence began, and the document being signed permits POA execution (many deeds do not).
Multiple Notarial Acts: Instead of one notary seeing both parties, use two notaries—one for each signer—in their respective locations. This is fully legal for most documents (except those requiring ‘joint acknowledgment,’ like some marital property agreements).
‘Witness + Notary’ Splitting: In states allowing credible witnesses (e.g., Arizona, Nevada), a disinterested third party who knows the absent signer can vouch for identity—then the notary acknowledges based on that testimony. Requires sworn statement and witness ID.

A 2022 National Notary Association audit showed that 91% of successful ‘staggered’ notarizations used either dual notaries or verified RON platforms—not workarounds like faxed signatures or emailed PDFs (which invalidate the act).

State	Allows RON?	Permits Staggered Signing?	Key Restriction	Max Document Fee (Notary)
Florida	✅ Yes	✅ Yes	RON platform must be certified by FL Dept. of State	$10 per signature
Texas	✅ Yes	❌ No	Both signers must appear live & simultaneously on video	$6 per signature
Ohio	✅ Yes	✅ Yes	No requirement for notary to be Ohio-commissioned (if platform is approved)	$5 per signature
New York	❌ No (as of July 2024)	N/A	In-person only; remote notarization prohibited	$2 per signature
Colorado	✅ Yes	✅ Yes	Signer must complete knowledge-based authentication (KBA) first	$5 per signature

Frequently Asked Questions

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

Yes—if the document only requires one signature (e.g., an affidavit of residence, a single-party promissory note, or a self-proving affidavit for a will). But if the document is inherently bilateral (e.g., a real estate deed listing ‘Grantor and Grantee’), the notary can only notarize the signature(s) physically or virtually present. They cannot ‘hold space’ for an absent party.

What happens if one person signs and the other refuses or can’t sign later?

The notarized portion remains valid—but the document itself may be legally incomplete or unenforceable. For example, a mortgage note with only the borrower’s notarized signature lacks the lender’s acknowledgment and likely won’t satisfy underwriting requirements. Always confirm execution sequence with your attorney or title company before initiating.

Does ‘both parties present’ mean they must sign in front of each other?

No—this is a widespread myth. The notary must witness each signing act, but signers don’t need to see each other sign. In fact, best practice discourages it for privacy and coercion prevention. The notary verifies identity and willingness individually—never as a group.

Can a notary refuse to notarize if only one party arrives—even if state law allows it?

Yes—but only for valid reasons: incomplete ID, apparent duress, illegible document, or suspicion of fraud. Notaries cannot refuse based on personal bias, assumptions about relationship status, or convenience. If refused without cause, ask for the specific statutory basis—and file a complaint with your state’s notary-regulating agency (often the Secretary of State).

Do electronic signatures count as ‘presence’ for notarization?

Only when executed via a compliant RON platform that meets federal (ESIGN/UETA) and state technical standards—including tamper-evident audit logs, multi-factor ID verification, and synchronous audio-video. A DocuSign ‘click-to-sign’ without notarial ceremony? Not valid. A NotaryCam session with live ID check and recorded session? Fully compliant in 47 states.

Common Myths

Myth #1: “If the notary knows both people, they can sign separately.” Debunked: Personal familiarity is irrelevant—and actually disqualifies the notary due to conflict of interest in most states. Notarization requires impartial verification, not recognition.
Myth #2: “Emailing a signed document to the notary for ‘notarization’ is legal.” Debunked: This violates the core tenet of notarial law: the notary must witness the signing act in real time. Scanned or emailed signatures are considered ‘photocopies’—and notarizing a copy invalidates the entire certificate.

Your Next Step Starts With One Click — Not One Crisis

Now that you know do both parties need to be present for a notary isn’t a yes/no question—but a strategic decision shaped by document type, jurisdiction, and technology—you’re equipped to avoid costly missteps. Don’t wait until closing day to discover your state’s RON stance. Download our free State-by-State RON Readiness Checklist, input your document type and location, and get instant, citation-backed guidance—including which platforms are approved in your state and whether staggered signing applies. Because the best notarization isn’t the fastest one—it’s the one that holds up in court.