Witnesses to a Deed:

Florida Statute §689.01 requires two witnesses for a Deed to be valid.  Witnesses, often referred to as “signature witnesses” are important to prevent fraud, and to confirm that the right person actually signed a Deed. Witnesses play a crucial role in verifying the authenticity of the Deed if it is ever challenged. Florida requires a witness to appear before a notary and provide proper identification, including a state-issued driver’s license, government ID, etc. Regardless of whether the Deed is being executed in person, or by using a Remote Online Notary, two witnesses must be present and they must sign the Deed. 

What are the Requirements to be a Witness?

There are not many laws governing who can and cannot serve as a witness, but there are some general regulations. A signature witness must be an adult (over the age of 18), be of sound mind, not under the influence of drugs or alcohol, and not be a party to the Deed or have any financial interest in it. Outside of these minimal requirements, there is little else governing who can be a witness to a Deed. This can leave many people puzzled as to whether a family member, who does not have any financial interest in the Deed, can serve as a witness.

Can My Family Member Serve as a Witness?

Unfortunately, due to the lack of laws surrounding signature witnesses there is not one clear, right answer. In short, a family member who does not have any interest in the Deed and is not a party to the Deed can legally serve as a signature witness. There are no specific laws preventing a family member from serving as a witness; however, the receiving title company or title insurer may ask the parties to use a different witness. While it may be legal to have a family member serve as a witness to a Deed, this is not recommended for practical reasons.

Remember, that one purpose of a witness is to testify to its authenticity if the Deed is ever challenged. If the witness is a close family member, such as a brother or daughter, it is likely that they will be met with disbelief and their neutrality, and thus reliability, will be called into question. While having a family member witness your Deed may not invalidate it, it may cause lengthy, costly trouble further down the road if the Deed was to be challenged. It is highly recommended to use witnesses that are not related by blood, adoption, or marriage.