California Notary Public Exam · Identification and Subscribing Witness Notarizations
California Notary Public Exam: Subscribing Witness Notarizations Concepts
Importance ★★★☆☆ · 30% (estimate)
Written by AI. Only units that passed a separate AI check (re-reading facts and numbers) are published. Tell us if you find a mistake.
Overview
This chapter covers the proof of execution by a subscribing witness. It is used when the principal (the person who signed the document) cannot come to the notary, and another person who witnessed the signing appears instead.
A subscribing witness is a person who saw the principal sign the document, or heard the principal acknowledge the signature, and then signed the document as a witness at the principal's request. The subscribing witness appears before the notary and swears to these facts. The principal does not appear.
The notary identifies the subscribing witness through the oath of a credible witness who shows acceptable ID. The subscribing witness's own ID card is not enough by itself.
Proofs of execution may not be used for documents affecting real property, such as grant deeds, quitclaim deeds, and deeds of trust, with narrow exceptions for certain trustee's deeds and deeds of reconveyance. They also may not be used for powers of attorney or other documents that need a journal thumbprint.
Key concepts
Subscribing witness
A person who saw the principal sign, or heard the principal acknowledge the signature, and signed the document as a witness at the principal's request.
Memory tipSaw it, then signed as witness.
Source: California Civil Code §1195-1197 · as of 2026
Who appears
In a proof of execution, the subscribing witness appears before the notary and takes an oath. The principal does not appear.
Memory tipThe witness comes, not the signer.
Identifying the subscribing witness
The subscribing witness is identified by the oath of a credible witness who shows acceptable ID. The subscribing witness's own ID alone is not enough.
Memory tipA credible witness vouches for the subscribing witness.
Source: California Civil Code §1196 · as of 2026
Documents not allowed
Proofs may not be used for grant deeds, quitclaim deeds, deeds of trust, or other documents affecting real property (with narrow exceptions such as deeds of reconveyance), or for powers of attorney.
Memory tipNo real property, no power of attorney.
Source: California Civil Code §1195; Government Code §27287 · as of 2026
Often tested
- The principal does not appear in a proof of execution.
- A credible witness with acceptable ID identifies the subscribing witness.
- No proofs for deeds, deeds of trust, or powers of attorney.
3 sample questions
Verified practice questions from this unit.
Question 1. In a proof of execution, who personally appears before the notary?
- ① The principal who signed the document
- ② The subscribing witness
- ③ The person who wrote the document
- ④ The county recorder
▼ Show answer and explanation▲ Hide answer and explanation
Answer: ② The subscribing witness
Key point: Proof: subscribing witness appears
In a proof of execution, the subscribing witness appears before the notary in place of the principal and swears that the principal signed the document.
Wrong choices
- The principal who signed the document: In a proof, the principal does not appear. That is the reason a proof is used.
- The person who wrote the document: The drafter does not need to appear.
- The county recorder: The county recorder has no role in a proof.
Question 2. Which statement correctly describes a subscribing witness?
- ① A credible witness who identifies a signer who has no ID
- ② Any person who knows the principal, even if not present at the signing
- ③ A notary who signs the document on the principal's behalf
- ④ A person who saw the principal sign, or heard the principal acknowledge the signature, and signed as a witness at the principal's request
▼ Show answer and explanation▲ Hide answer and explanation
Answer: ④ A person who saw the principal sign, or heard the principal acknowledge the signature, and signed as a witness at the principal's request
Key point: Subscribing witness saw it and signed
A subscribing witness saw the principal sign the document, or heard the principal acknowledge the signature, and then signed the document as a witness at the principal's request.
Wrong choices
- A credible witness who identifies a signer who has no ID: That describes a credible witness, not a subscribing witness.
- Any person who knows the principal, even if not present at the signing: The subscribing witness must have seen the signing or heard the principal acknowledge it.
- A notary who signs the document on the principal's behalf: A notary may not sign for the principal.
Question 3. Which document may NOT be notarized by a proof of execution by a subscribing witness?
- ① A written agreement to rent a storage unit
- ② A letter stating a person's address
- ③ A deed of trust
- ④ A personal contract to sell a used car
▼ Show answer and explanation▲ Hide answer and explanation
Answer: ③ A deed of trust
Key point: No proofs for deeds of trust
Proofs of execution may not be used for grant deeds, quitclaim deeds, deeds of trust, and other documents affecting real property, with narrow exceptions such as deeds of reconveyance.
Wrong choices
- A written agreement to rent a storage unit: This is not a real property document such as a deed.
- A letter stating a person's address: A simple letter that does not affect real property may be proved.
- A personal contract to sell a used car: A car sale contract is not a real property document.