What is a "Credible Witness" for Notarization in Florida?
- Leo McKay
- Sep 2
- 4 min read
You're at a closing, about to sign the final papers for your new home. The notary public sits across from you and says the one thing you were hoping not to hear: "Can I see your ID, please?" A moment of panic sets in as you realize your driver's license expired two weeks ago. Does this mean the entire deal is off? Not necessarily. In Florida, there's a legal provision for this exact scenario. It’s called using a credible witness, and understanding how it works can save you from a major headache. If you need a document notarized in Orlando but lack a valid photo ID, this guide will explain your options.
💡 Key Takeaways
What is a Credible Witness? A credible witness is a person who swears under oath to a notary that they personally know you and can verify your identity when you lack proper identification.
When Can You Use One? You can use a credible witness if you do not have a valid, unexpired government-issued photo ID (like a driver's license or passport) and it would be difficult or impossible for you to get one in time.
One Witness vs. Two Witnesses
You need one credible witness if the notary personally knows that witness.
You need two credible witnesses if the notary does not personally know them. The notary will then have to verify the identity of both witnesses.
Key Responsibilities of a Witness
Must personally know the signer.
Must take an oath and sign a sworn affidavit.
Must not be a party to the transaction or have a financial interest in the document.
What Exactly is a Credible Witness?
Imagine you're ready to sign a crucial document—a property deed, a power of attorney, or a sworn statement. The notary asks for your ID, and you realize your driver's license expired last week, or worse, your wallet is missing. It’s a stressful situation that can bring everything to a halt.
In Florida, the law provides a solution for this exact problem: the use of a credible witness.
A credible witness is an individual who can vouch for your identity to the notary. This person essentially acts as your human ID card, swearing under oath that you are who you claim to be. According to Florida Statutes § 117.05, this is a legally accepted method to verify a signer's identity when they lack traditional, acceptable forms of identification.
When is a Credible Witness Necessary?
You can use a credible witness only in specific circumstances. This method is reserved for situations where you, the signer, do not have an acceptable form of photo identification (like a valid driver's license, state ID card, military ID, or passport).
Furthermore, there must be a reasonable belief that it would be very difficult or impossible for you to obtain a valid ID in a timely manner for the notarization. This isn't a loophole for convenience; it's a provision for genuine necessity.
The All-Important Rule: One Witness vs. Two
Florida law is very specific about how many credible witnesses you need, and it all depends on the notary's relationship with the witness(es).
 | One Credible Witness | You only need one credible witness if that witness is personally known by the notary. "Personally known" means the notary has a history or acquaintance with the witness that gives the notary reasonable certainty about their identity. |
 | Two Credible Witnesses | You will need two credible witnesses if the notary does not personally know them. In this case, the notary will have to verify the identity of both witnesses through their own valid, acceptable identification. The two witnesses then vouch for your identity. |
What Are the Responsibilities of a Credible Witness?
A credible witness has a serious role and must fulfill several requirements under oath. They can't just be a random person you met. Your credible witness(es) must:
Personally Know You: The witness must have a personal acquaintance with you, the signer.
Take an Oath: The notary will place the witness under oath or affirmation, where they swear that the information they are providing is true.
Sign a Sworn Statement: The witness must sign a written affidavit in the presence of the notary.
According to the Florida Governor's Reference Manual for Notaries, this affidavit must state that:
You are the person named in the document being notarized.
The witness personally knows you.
The witness reasonably believes it would be difficult or impossible for you to obtain another form of ID.
The witness reasonably believes you do not possess any other valid identification.
The witness does not have a financial interest in the transaction and is not a party to the document. This is critical for ensuring impartiality.
❗ This last point is crucial. The person acting as your witness cannot benefit from the document you are signing. For example, someone who will inherit property from a will you are signing cannot serve as a credible witness for that notarization.
Having an expired or lost ID doesn't have to derail your important plans. While the rules are strict to prevent fraud, the credible witness process is a vital tool that ensures everyone has access to notarial services when they need them most. It protects the integrity of the document while providing a necessary solution for signers in a tough spot.
No ID? If you're in the Orlando area and have questions about using a credible witness for your notarization, don't hesitate to contact us. We can guide you through the process and ensure your documents are handled professionally and correctly.
What are your thoughts on this process? Share your feedback or experiences in the comments below!
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