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Notarial Acts & ProceduresCalifornia Notary Examination • 2026 Edition

Paul is hospitalized and unable to personally appear before a notary public to acknowledge a Quitclaim Deed. He signs the deed in the presence of his friend Sue, who agrees to act as a subscribing witness. Sue then appears before notary Nancy accompanied by a credible witness. How must notary Nancy handle Sue's request to complete a Proof of Execution by Subscribing Witness?

ARefuse the notarization because California law explicitly prohibits Proof of Execution by a subscribing witness for quitclaim deeds and other real property instruments.Correct Answer
BPerform the notarization only if Sue presents a valid Power of Attorney executed by Paul.
CComplete the Proof of Execution after placing Sue and her credible witness under oath.
DRequire Paul to sign by mark instead of using a subscribing witness.
Official 2026 Statutory Legal Analysis

Under Government Code section 27287 and Civil Code section 1195(b)(1), Proof of Execution by a subscribing witness is strictly prohibited for any grant deed, quitclaim deed, deed of trust, mortgage, security agreement, power of attorney, or any other instrument affecting real property (except trustee's deeds of foreclosure or reconveyance).

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