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FAQ – What is a Proof of Execution by a Subscribing Witness?

This type of notarization cannot be used for any Power of Attorney, Quitclaim Deed, Grant Deed, Mortgage, Deed of Trust, Security Agreement, any Instrument affecting Real Property, or any Instrument requiring a Notary Public to obtain a thumbprint from the party in their journal.

The requirements for proof of execution by a subscribing witness are as follows:

  1. The subscribing witness must prove, or say under oath, that the person who signed the document, commonly known as the principal, is the person described in the document, and the subscribing witness personally knows the principal1.
  2. The subscribing witness must say, under oath, that the subscribing witness saw the principal sign the document, or in the presence of the principal heard the principal acknowledge that the principal signed the document2.
  3. The subscribing witness must say, under oath, that the subscribing witness was requested by the principal to sign the document as a witness and that the subscribing witness did so3.
  4. The notary public must establish the identity of the subscribing witness by the oath of a credible witness whom the notary public personally knows and who personally knows the subscribing witness. The credible witness must also present to the notary public any identification document satisfying the requirements for satisfactory evidence4; and
  5. The subscribing witness must sign the notary public’s official journal. The credible witness may also sign the notary public’s official journal or the notary public must record in the notary public’s official journal the type of identification document presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document5.

1: Civil Code section 1197

2-3: Code of Civil Procedure section 1935 and Civil Code section 1197

4: Civil Code section 1185(b)(3) or (4) Civil Code section 1196

5: Government Code section 8206(a)(2)(C) and (D)