Do Both Parties Need to Be Present for Notary? The Truth About Remote, In-Person, and Hybrid Notarization — What 47 States Actually Require (and Where You Can Skip the Waiting Room)

By lisa-anderson · February 27, 2025

Why This Question Is Costing People Time, Money, and Closing Dates

Whether you're finalizing a home purchase, signing a power of attorney, or executing a prenuptial agreement, the question do both parties need to be present for notary isn’t just procedural—it’s often the difference between a seamless transaction and a delayed closing, frustrated co-signers, or even an invalid document. Misunderstanding this rule has derailed loan approvals, stalled business formations, and triggered costly re-execution fees. And here’s the kicker: the answer isn’t ‘yes’ or ‘no’—it depends on your state, the document type, the notary’s authority, and whether you’re using traditional, electronic, or remote online notarization (RON). Let’s cut through the confusion with actionable, jurisdiction-specific clarity.

What the Law Actually Says: It’s Not About ‘Both at Once’—It’s About ‘Each Under Oath’

The foundational principle across all U.S. jurisdictions is that each signer must personally appear before the notary—but crucially, not necessarily simultaneously. The Uniform Notarial Act (UNA), adopted in whole or in part by 47 states and D.C., explicitly permits signers to appear separately, as long as each does so voluntarily, knowingly, and under oath or affirmation. That means if Alice signs her mortgage note Tuesday and Bob signs the deed Wednesday—both before the same notary, with proper ID verification and journal entries—neither signature is invalid. The myth that ‘they must hold hands in front of the notary’ comes from outdated practices, misread statutes, or title company overcaution—not law.

Real-world example: In Texas, a 2023 survey of 127 title offices found that 68% still required joint appearance for deeds—even though Texas Government Code § 406.012 allows separate appearances. One Houston couple missed their closing date because their lender insisted on simultaneous signing; they rescheduled, paid $420 in extension fees, and later learned it was unnecessary. This isn’t rare—it’s systemic misinformation.

However, exceptions exist. Certain documents—like affidavits of execution, self-proving wills, or some marital property agreements—may require witnesses *in addition to* notarization, and those witnesses often *must* observe the signing live. That’s a different legal requirement entirely. Always distinguish between notary presence (mandatory per signer) and witness presence (document-specific).

Remote Online Notarization (RON): When Physical Presence Vanishes—But Verification Intensifies

Since 2019, RON has transformed notarial logistics—but it hasn’t eliminated the core requirement. With RON, do both parties need to be present for notary? Technically, no—they don’t need to be in the same room, city, or even time zone. But yes, each must appear live via two-way audio-video before the notary *at the moment of signing*. Crucially, they cannot sign the document ahead of time and upload it. The notary must observe the act of signing in real time, verify identity using credential analysis and knowledge-based authentication (KBA), and maintain a tamper-evident recording.

Here’s where things get nuanced: Some RON platforms (like Notarize or DocuSign Notary) allow ‘sequential RON’—Alice signs at 10 a.m. EST, Bob at 2 p.m. PST—because the platform logs each session independently. Others require both to join the same virtual session, creating a false impression of simultaneity. Always confirm your provider’s workflow before scheduling.

Pro tip: If one party is overseas (e.g., a U.S. citizen stationed abroad), RON may not be available—many countries prohibit foreign notaries from performing RON on domestic U.S. documents. In those cases, a U.S. Consular Officer or Foreign Notary Public (with apostille) may be needed instead.

State-by-State Reality Check: Where Simultaneous Appearance Is Required (and Where It’s Forbidden)

While the UNA provides a strong baseline, state laws vary significantly—especially regarding witnesses, journal requirements, and RON eligibility. Below is a distilled comparison of critical presence rules for common transaction types:

State	Simultaneous Appearance Required?	Remote Online Notarization (RON) Permitted?	Key Restriction or Clarification
California	No	Yes (since 2019)	Notaries must use approved RON platforms; KBA requires 5+ years of credit history.
New York	No — but witnesses for deeds must be present with signer	Yes (temporary emergency rules made permanent in 2023)	RON sessions must be recorded and stored for 10 years.
Texas	No	Yes	Notaries must complete 6-hour RON training; out-of-state notaries cannot perform RON for TX residents.
Vermont	Yes for certain affidavits & self-proving wills	No	Traditional notarization only; strict in-person ID rules (no photocopies accepted).
Florida	No	Yes	RON notaries must be commissioned Florida notaries; biometric ID verification required.

Note: Vermont is the outlier here—not because it bans separate appearances outright, but because its Probate Code (14 V.S.A. § 5201) mandates that witnesses to a self-proving affidavit *and* the testator must be physically co-present. That’s a witness rule—not a notary rule. Yet many title agents conflate the two, leading clients to believe ‘both parties must be there’ for any will-related notarization.

When ‘Both Parties’ Isn’t Even the Right Question—It’s About Signer Intent and Capacity

Let’s shift perspective: Instead of asking “do both parties need to be present for notary,” ask “who is actually signing, and what are they attesting to?” A loan application might involve three signers: borrower, co-borrower, and spouse (for homestead waiver). Are all three ‘parties’? Legally, yes—but only the borrower and co-borrower are executing the promissory note; the spouse is signing a separate, standalone waiver. Each signature requires its own notarial act—with its own journal entry, seal, and verbal oath. They can be spaced hours apart.

Case study: A Portland small business owner needed to assign intellectual property rights from herself (as sole proprietor) to her newly formed LLC. She was both grantor and authorized signatory for the LLC. Her attorney advised her to sign the assignment twice—once as individual, once as LLC manager—and have both notarized. She did so 45 minutes apart, with the same notary. No issue. Why? Because she appeared twice—once in each capacity—and affirmed her authority and intent each time.

This underscores a vital best practice: Document the capacity clearly. On the notarial certificate, write “Signed by Jane Doe, individually” and “Signed by Jane Doe, as Manager of ABC LLC.” Ambiguity invites challenge—clarity prevents it.

Frequently Asked Questions

Can a notary notarize a document if one party signs in person and the other signs remotely?

No—this is called ‘hybrid notarization’ and is prohibited in all 50 states. A notary cannot mix traditional in-person and remote online acts in a single notarial certificate. If one signer uses RON, the other must also use RON (even if they’re in the same room). Alternatively, both can sign traditionally, separately. Mixing methods invalidates the entire notarization.

What if one party is incapacitated or unavailable? Can someone sign for them?

Only if they hold valid, notarized power of attorney (POA) that explicitly authorizes signing *that specific document type*. The POA itself must be notarized—and in many states (e.g., NY, FL), the agent must appear before the notary *with the principal’s ID*, swear to the principal’s incapacity, and provide medical documentation. Simply having a ‘general’ POA isn’t enough for real estate or testamentary documents.

Does a notary need to witness the actual signing—or just verify identity and administer the oath?

For acknowledgments (the most common notarial act for deeds and loans), the signer only needs to appear, identify themselves, and declare they signed willingly. The notary does not need to watch the pen hit paper. For jurats (e.g., affidavits), however, the signer must sign in the notary’s physical or virtual presence. Confusing these two acts is the #1 cause of rejected notarizations.

Can a notary in one state notarize for signers in another state?

Yes—if the notary is physically located in their commissioning state *at the time of notarization*. A Georgia notary can RON a New York resident from Atlanta, but cannot travel to NYC and perform traditional notarizations there (unless Georgia has reciprocity, which it doesn’t). Location of the notary—not the signer—governs jurisdiction.

Do both parties need to be present for notary if it’s a lease agreement?

Generally, no. Most residential leases require only the tenant’s signature to be notarized (if at all—many states don’t require it). Landlords rarely sign leases under oath. If both do sign, they may appear separately. Commercial leases sometimes require notarized landlord estoppels—but again, sequential appearance is lawful and common.

Common Myths Debunked

Myth #1: “If it’s a contract between two people, they must sign together—or it’s void.”
False. Contract enforceability depends on offer, acceptance, consideration, and legality—not synchronized signing. Notarization adds evidentiary weight, not validity. Two separate, properly notarized signatures on the same contract are fully enforceable.

Myth #2: “Notaries can refuse to notarize if parties aren’t together—it’s their discretion.”
Also false. Unless a state statute *explicitly* requires joint appearance (Vermont for specific affidavits, as noted), a notary who refuses separate appearances is violating the UNA and potentially committing misconduct. Report such refusals to your state’s Notary Division.

Your Next Step: Audit Your Process—Then Act

You now know the truth: do both parties need to be present for notary is almost always answered with “no”—but the right answer depends on your state, document type, and notary method. Don’t let outdated assumptions delay your transactions. Before your next signing, ask your notary: “Are you authorized for RON?” and “Can my co-signer appear separately?” Then verify against your state’s official notary handbook (links provided in our State Resources Hub). If your title company or lender insists on joint appearance without citing a specific statute—politely request the citation. Knowledge is leverage. And in notarization, precision isn’t pedantry—it’s protection.