In plain English
State rules govern the process, which commonly involves witnesses.
The notary notes what happened in the journal.
Why it matters
A stroke, arthritis or other condition can make a full signature impossible. Without knowing that a mark may be allowed, families sometimes think the document cannot be signed and miss a deadline.
Following state rules on witnesses and wording keeps the mark from being challenged later.
Worked example
A signer with limited mobility makes an X while two witnesses watch, and the notary records it.
What to do
- Tell the notary in advance that the signer will sign by mark.
- Ask how many witnesses the state requires and arrange them.
- Have the signer make the mark in front of the notary and witnesses.
- Expect the notary or a witness to write the signer's name near the mark as state rules direct.
- Confirm the journal entry notes the mark.
Common mistakes
- Having a relative guide the signer's hand without state approval can make the signature questionable.
- Forgetting to arrange witnesses can halt the appointment.
- Not telling the receiving office that a mark was used can cause confusion later.
Not the same as: Signer
Signing by mark is a method a signer uses when they cannot write a name, while the signer is the person whose signature or mark is notarized. See Signer.
Go deeper
- Notarizing for Someone Who Cannot Sign Their Name: Illness, injury or illiteracy can make signing hard. Learn how a mark, a proxy signer or an assisted signature can be handled by a notary.
- Notarizing for a Signer Who Cannot Sign Their Name: What options exist when a signer cannot physically sign: signing with a mark, a stamp, or having another person sign at their direction, and what notaries record.
Try it
Related terms
- Subscribing witness: A person who watches someone else sign a document and then signs it as a witness.
- Title company: A company that researches property ownership, issues title insurance and often runs the closing.
- Signer: The person who signs the document and whose signature the notary is notarizing.
Common questions
What is a signing by mark?
When a person who cannot sign their name makes a mark, usually with witnesses, and the notary records it.
Can you give an example of signing by mark?
A signer with limited mobility makes an X while two witnesses watch, and the notary records it.
Does a mark have to be an X?
Often it is an X, but state rules may allow other marks. Ask the notary.
Can someone else sign for a person who cannot sign?
Some states allow a designated person to sign at the signer's direction. The rules are specific, so check with the notary.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.