Credible, Subscribing and Document Witnesses: What’s the Difference?

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By the notaries at Mar Vista Cheap Mobile Notary, commissioned by the California Secretary of State · Updated October 26, 2026 · Sources: California Notary Public Handbook (Secretary of State, 2026), Civil Code § 1185, Civil Code § 1195, Civil Code § 14, Probate Code § 6110, Probate Code § 4674

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The three roles side by side

	Credible witness	Subscribing witness	Document witness
Purpose	Proves the signer’s identity when the signer lacks ID	Proves the principal signed, when the principal can’t appear	Satisfies a document’s own witnessing requirement
Signs	The notary’s journal	The document (as witness) and the journal	The document
Must know the signer?	Yes, personally	Yes, personally	Depends on the document
Must have ID?	Yes	Identified through a credible witness the notary knows	Not for the notary (unless also a credible witness)
Can be named in or benefit from the document?	No	No (as a practical matter)	Depends on the document; often no
Governing law	Civil Code § 1185	Civil Code §§ 1195–1197	The law for that document

Credible witnesses

A credible witness is, in the words of one notary educator, a “human ID card.” They swear under oath that the signer is who they say they are and that ID is very difficult or impossible for the signer to get. Two are needed unless the notary personally knows the one witness. Full rules: Credible witnesses in California.

Subscribing witnesses

A subscribing witness watched the principal sign (or heard them acknowledge signing), signed the document as a witness at the principal’s request, and then appears before the notary in the principal’s place. California prohibits this for powers of attorney, deeds, deeds of trust and other real property documents, and the witness must be identified by someone the notary personally knows. Full rules: Proof by subscribing witness.

Document witnesses

These witnesses aren’t part of the notarization at all. They’re required by the law that governs the document. Common California examples:

• Wills. Two witnesses who are present at the same time and understand it’s a will (Probate Code § 6110). Wills are not normally notarized in California; see Do wills need to be notarized?
• Advance health care directives. Either two qualified witnesses or a notary acknowledgment, with special rules for skilled nursing facility patients (Probate Code § 4674). See advance health care directives.
• Powers of attorney. California allows either a notary acknowledgment or two witnesses for many POAs, but a POA for real estate needs to be notarized to be recorded. See powers of attorney.
• Signature by mark. Two witnesses sign beside the mark (Civil Code § 14). See signature by mark.
• Out-of-state and foreign documents sometimes call for witnesses because the other jurisdiction’s law requires them.

When a document requires witnesses, the instructions are usually printed next to the witness lines: how many, and who is disqualified (often the agent, beneficiaries, relatives or the health care provider).

Can the notary be a document witness?

Sometimes, but it is often a bad idea. Some documents disqualify the notary or require witnesses who are independent of the notarization, and the notary signing as a witness can raise questions later. For an advance health care directive, the notarization replaces the witnesses entirely, so the question doesn’t come up. If your document needs witnesses and you have nobody available, tell us when you book; we can usually arrange witnesses for an additional fee.

Common questions

Do I need a witness to get something notarized in California?

Usually not. Witnesses are needed only when the signer lacks ID (credible witnesses), when the signer can’t appear (subscribing witness), or when the document itself requires witnesses.

Can one person be both a credible witness and a document witness?

Possibly, if they meet both sets of rules, including not being named in or benefiting from the document. Requirements of the specific document control.

Can you bring witnesses to my appointment?

For document witnesses, yes: let us know when booking and we can usually arrange them for an additional fee. We can’t provide credible witnesses, because a credible witness must personally know the signer.