What is a proof of execution?

The term "proof of execution" refers to an affidavit by a witness that he or she saw somebody sign a certain document. An example would be where a person executes a deed in the presence of two witnesses but dies before he is able to give his acknowledgment before a notary public. Without such notarization, the deed would be ineligible for public recordation. However, one of the subscribing witnesses to the deed may sign an affidavit before a notary public, in which the witness swears that he saw the grantor (person granting the deed) sign the document and that he did so willingly.

In the unlikely event that one of the witnesses to the original deed was a notary, but did not notarize the deed in his notarial capacity, there is nothing to prevent that notary from notarizing the proof of execution given by the other witness. The Courts have actually stated that a deed attested in that manner is "entitled to more credit as a valid and bona fide instrument", because the notary himself has personal knowledge that the grantor signed the deed (Edwards v. Thom, 25 Fla. 222). In this case, the notary could not "go back" and acknowledge the deed because the deceased grantor would have had to be in the notary's physical presence when the notary signed and sealed the acknowledgment.

"Proof of execution" is not to be used for general notarizations, i.e. you may not notarize a signature on a document if the signer is not in your presence, even if another person swears that they saw the person sign the document. When doing a "proof of execution" you are not notarizing the signature of the original signer; you are only notarizing the signature of the witness who is giving the affidavit.