Subscribing Witness California Form: Fill & Download for Free

It's actually allowed in certain states and under certain circumstances. It is called a proof of execution by subscribing witness. This is explained in detail below:There are times when a signer urgently needs a document notarized, but cannot appear in person before the Notary due to unusual circumstances such as a medical or family emergency. If this happens, some states permit the signer to sign the document in front of or acknowledge signing it to a witness. The witness — not the signer — then appears before the Notary.The Notary identifies and administers an oath to the witness. Then, the witness signs the document. Based upon the witness’s oath, the Notary performs the notarization. This is called a proof of execution by subscribing witness.But there are restrictions and specific requirements for this act. Here’s what you need to know.Restrictions On ProofsThe most important thing to remember is that proofs of execution are one of the only times a document signer does not appear before a Notary to have their signature notarized. While you must be careful when performing any notarization, this is even more important when you perform a proof.Not all states allow Notaries to perform proofs; sometimes Notaries aren't even aware that they are permitted to do so. This is often because the rules for proofs of execution are sometimes included in real estate statutes or some other obscure part of state laws rather than in state Notary statutes.Because the signer is not present, states often have strict criteria for using proofs of execution by subscribing witnesses. Here are some examples:California requires a subscribing witness to be identified by another credible identifying witness who is personally known to the Notary. The credible witness must present an ID card allowed by law to the Notary.In Texas, the subscribing witness must either be personally known by the Notary or be identified by another individual the Notary knows personally.In North Carolina, a subscribing witness cannot be a grantee or beneficiary of the document.In Pennsylvania, the subscribing witness must be an attorney licensed in Pennsylvania.In Tennessee and Virginia, two subscribing witnesses are required.Florida does not permit Notaries to perform proofs of execution. However, a procedure is prescribed by FS 695.03(1) whereby a signed real estate document lacking notarization whose signer cannot be located or is deceased may be prepared for recordation by the “proof” of one of the subscribing witnesses. In such a rare instance, the Notary would notarize a “certificate of proof” or an affidavit of proof signed by the witness using a standard jurat.Always check your own state’s rules first before accepting a request to perform a proof of execution.Real Estate Documents And ProofsDue to risk of fraud, California prohibits its Notaries from performing a proof of execution on powers of attorney, on documents requiring a thumbprint in the Notary’s journal or on any instrument affecting real property. Certain real property documents — decrees of foreclosure, non-judicial foreclosures under California Civil Code 2924 or deeds of reconveyance — are exempt.Conversely, Oregon law permits proofs of execution to be used only for real estate transactions, but state officials recommend that Oregon Notaries consult with the Real Estate Division if it comes up.But if it does not meet the criterion spelled above then it would be a felony punishable by fines and imprisonment.

In California, you can’t use a subscribing witness for a Power of attorney.A proof of execution by a subscribing witness cannot be used in conjunction with any power of attorney, quitclaim deed, grant deed (other than a trustee’s deed resulting from a decree of foreclosure, or a nonjudicial foreclosure pursuant to Civil Code section 2924, or to a deed of reconveyance), 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 general information 13 signing the document in the notary public’s journal. (Government Code section 27287 and Civil Code section 1195(b)(1) and (2)) The requirements for proof of execution by a subscribing witness are as follows:https://www.nationalnotary.org/file%20library/nna/state%20handbooks/ca_notary_handbook_2017.pdfIf you need to notarize a POA, take your book and stamp and visit the lady in the hospital, or consult the handbook for Notaries in your state.

Not if you scratched your Will on a beach in Washington, as Washington generally requires a Will to be attested by two subscribing witnesses and does not recognize “holographic” Wills (as does, for example, California).Another responder mentions a “state of mind” requirement. Typically, that’s satisfied by having the writing begin with the title “WILL” and having its provisions give one’s property to others. If it is called a “Will,” looks like a Will, sounds like a Will, etc., it will be treated as a Will. In my decades of probate practice, I’ve never had a Will or known of a Will being questioned for lack of testamentary intent, and I’ve done dozens of Will contests.One of my most memorable Wills was a yellow Post-It note the size of an airmail stamp that simply said, “I give all my property to my son John” and bore the signatures of the testator and two McDonald’s employees as witnesses. When I presented the Will for probate, the chief probate Judge said, “That’s the simplest Will I’ve even seen” and admitted it to probate. No problem at all. It complied with Washington law.Bottom line: Most states require a Will to be in writing and signed by its testator and two subscribing witnesses —- although, of course, this is the law, and in the law, there are ALWAYS exceptions. (Now, let me tell you what’s required to make a Will for a US citizen living in Mexico …. I didn’t believe the complexity until I began talking with Mexican attorneys —- “abogados.”)Richard Wills, retired probate attorney originally licensed in CA & WA