Here’s what I know (in brief): In the past six months, the number of signing orders I receive that require one or, quite often, two witnesses has quadrupled. I know that Florida requires a witness on certain deals and probably a few other states that I can’t remember right now. Whatever. I don’t wanna go into the whole witness thing - that’s not my issue in this topic.
What I don’t know:
Where are y’all finding witnesses and what, if anything, are you paying them?
Are you having to find TWO witnesses very often? (I see this all the time now)
Does anyone know why the signers can’t/won’t provide the witnesses?
Isn’t it problematic to say the least to locate, engage, transport, present and pay the witnesses you use?
What do your witnesses DO whilst you’re doing the rest of your signing? Do they wait in the car? Cross their legs on the signer’s couch and watch? Stand around outside? What?
I’d like to do some of the witness-required jobs that cross my path, but until I can overcome these obstacles, I just pass on 'em. I’m fortunate to be busy enough, but the fees paid on witness jobs are sometimes pretty nice. I appreciate your observations and advice, y’all.
Where are y’all finding witnesses and what, if anything, are you paying them? - I used to take my husband as, here in FL, the notary can be a witness..if not acceptable to hiring party then signers needs to provide a second witness. My witnesses were paid $25 (keep in mind this was 2006 - 2013)
Are you having to find TWO witnesses very often? (I see this all the time now) Didn’t run into it too many times
Does anyone know why the signers can’t/won’t provide the witnesses? What has been told to me by signers is “we don’t want our neighbors to know our business”. I explain they only have to be there long enough to watch them sign - they don’t even need to know what the signers are signing"
Isn’t it problematic to say the least to locate, engage, transport, present and pay the witnesses you use? Based on my above stated experience, no it has not been
What do your witnesses DO whilst you’re doing the rest of your signing? Do they wait in the car? Cross their legs on the signer’s couch and watch? Stand around outside? What? If my husband, he either sat in the car or sometimes signers would invite him in and turn on TV for him. One signing he sat with the older gentleman watching John Wayne movies; another he was thrust into a bible study group. It was an adventure! In any event, I only allowed the witnesses at the table when time to sign (yes, even my husband)
OK, I’m beginning to get the picture. California is not a witness state so seldom do I need to find one. The “none-of-their-business” reasoning simply evaded me - of course that makes sense. Thanx!
I wonder where notaries find their witnesses? Family? Friends? Neighbors? When I need a witness, my family just rolls their eyes. I can hear the doors and windows slam shut at neighbors’ houses when the see me coming. I no longer have any friends because I asked them too many times to witness.
I really don’t know - it so seldom comes up here in California. I don’t pay attention unless it’s asked for or provided for in the package. If I recall correctly, the only time I’ve need a witness (where I actually got one) was on Florida deals.
I have a retired friend who totally enjoys the ‘job’. Going to places she’s never been, the ride thru AR beautiful scenery, (and even some of the ‘adventures of a rural notary’ ones I’ve done), we get to chat, often stop for lunch or dinner–paying our own way/her from the $25 witness fee I give her when she gets in my car. We arrive together, I get the ‘witness docs’ out of the way first and she excuses herself & waits in my car playing on her cell.
Sometimes I’ve even gotten her $50. We both enjoy getting together and I enjoy the company. Wish I had more of these as having someone along feels less like work and more like an outing with a friend.
When doing an estate package I needed witnesses for the will. The attorney who prepared everything was in VA and did not want the notary acting as a witness.
I called my niece who wasn’t working a regular scheduler and asked her if she could come up with someone at least 18 who could be a witness and had ID.
I charged $50 per witness and passed it directly to the witnesses. Paid them when they were leaving with envelops I had prepared for that.
The attorney on Zoom did the witnessed documents first and then they left.
My niece lived in the town where the appointment was. I haven’t take a witnesses required order since the except for one where the signers provided them.
If I did one again I would pay the witnesses and cut them loose after they signed what required a witness. I would do it first and get the witnesses on their way. She brought herself.
WHY SIGNERS WON’T PROVIDE: Usually state ‘privacy’ is their concern => Once I explain the process to them, they’re On-Board with moving forward
BRING YOUR OWN WITNESSES [BYOWs]?: No, it’s the signers responsibility to locate/bring witnesses
HANG OUT?: No, once they’ve witnessed, they make a prompt exit. Another reason to NOT bring BYOWs
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In my direct experience over the years two Witnesses are normally required during General Notary Work [GNW] for Power of Attorney documents & for Estate Planning/End of Life document packages.
Statutes identify the Witnesses cannot related by blood, or marriage to the Principal & can in no way benefit as a result of the document being executed.
I have Witnesses information on my information page shared with others but also share information via phone and email. Often assignment requests from FL state Notary can be witness but NOT in WA State. I do not provide witness(s). Documents provided by Signer(s) such as Trust Estate signings, hospital, nursing homes, etc. with witness requirements, advise signer(s) their responsibility to provide witness and can not be related or have financial gain from documents being signed. So far this process has worked for me and signer(s) provide witness(s) with current IDs. Often witnesses are neighbors, medical staff, friends etc. and familiar to signer(s). I see more forms these days NOT requiring witnesses.
We’re in a very small, rural community, so if signers say they have no one to call then I try to help. I know if it were us, we have no one here either so I can relate go the difficulty issue.
WA RCW information that I saved for quick reference:
WA State RCW 42.45.020 Authority to perform notarial act.
(2) (b) A notarial officer may not notarize the notarial officer’s own signature.
(2) (c) A notarial act performed in violation of this subsection (2) is voidable.
I usually pay my witnesses a minimum of $25, however I have had only a handful. I use retired neighbors and friends, but it’s not always easy. Younger folks expect $40 for their time; 45 min each way of travel, plus the 1 hr signing time. Signing services refuse to cover a witness fee that’s fair, so in my experience they usually do not choose my services. I’m okay with that also. I refuse to simply pull some stranger off the street that would accept $10 from the signing service. There are privacy and security concerns as well.
I once pulled someone out of a pizza take-out line to witness signers on a doc in a loan signing I was doing there…didn’t even pay him…I mean, hey, he was right there!!
My wife is my witness. If they need 2 witnesses (and it cannot be a notary), I just don’t respond to that order. I charge an extra $25. for that witness. If a order comes out for a witness only (which means an attorney is the notary) I charge $75., and I many orders for this and they pay.
