PROOF OF EXECUTION - BY A SUBSCRIBING WITNESS

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Proof of execution refers to evidence that a contract was signed and entered into legally. This can include - Witness signatures: Having one or more witnesses observe the signing of the contract and then sign themselves. * Notary Public involvement: A notary public verifying the signers' identities, witnessing the signing, and adding their official seal and signature.

Proof of execution helps establish the validity of a contract in case of any disputes. It shows that all parties involved were aware of the agreement and signed it willingly.

Without proper proof, enforcing the contract might be difficult or even impossible in court.

The credible witness must 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 document. 

A credible witness is an individual who personally knows the signer and can vouch for the signer's identity to the Notary.

In some jurisdictions, proof of execution refers to a document signed by witnesses who observed the signing of a will.  This document verifies that the testator (person making the will) was of sound mind and signed the will under their own free will.

Not all states require a separate proof of execution document.  However, some states do, and some require witnesses to sign an affidavit attesting to the will's proper execution.  It's always best to consult with an attorney in your state to ensure your will meets all legal requirements.

An executed contract does not rely simply on a signature on a piece of paper. A fully executed contract necessitates all parties have fulfilled their legal duties and the promises made to one another during the negotiation and agreement stage of the contract.

The primary difference between “execute” and “sign” is that “execute” refers to the act by which a contract is brought into effect (i.e. the act by which a contract becomes valid and enforceable). In many cases, it will be sufficient for a party simply to “sign” the contract.

In California, a proof of execution is not allowed with mortgages, deeds of trust, grant and quit claim deeds, security agreements, powers of attorney, instruments affecting real property, or documents requiring a Notary to obtain a thumbprint in the Notary’s journal, though it is allowed with trustee’s deeds and deeds of reconveyance. In addition, it is never an acceptable substitute for a jurat, which requires the principal to sign and take an oath in the Notary’s presence.