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This article is for informational purposes only and does not constitute legal advice. Notary laws vary significantly by state. Always consult your state's notary handbook or commissioning authority, and consider seeking guidance from a qualified attorney for specific legal questions.
As a notary public, you will eventually encounter signing situations that fall outside the standard pen-to-paper routine. One of the most unique scenarios you will face is a signature by mark. Whether due to a physical disability, illness, illiteracy, or simply a religious or personal preference, some signers cannot or choose not to write their full name. Instead, they make a simple symbol—most commonly an "X"—to signify their agreement.
Knowing how to properly notarize a signature by mark is an essential skill that protects you from liability and ensures the signer's intent is legally documented. If you make a mistake during this process, it can easily lead to a rejected document or, worse, allegations of fraud. Here is your comprehensive guide on how to handle a signature by mark with confidence.
Understanding What a Signature by Mark Is
A signature by mark is exactly what it sounds like: a person uses a symbol, like an "X," a checkmark, or a thumbprint, in place of a written signature. Historically, this practice was incredibly common. Even today in 2026, it remains a legally valid method of signing documents in almost every state, provided the proper precautions are taken.
The fundamental principle behind a signature by mark is that the mark must be made by the signer themselves, intentionally, and with the understanding that they are executing a legal document. You, as the notary, are there to verify that intent, confirm the signer's identity, and ensure your state's specific rules are followed to the letter.
Prerequisites and Materials Needed
Before you even sit down at the table with the signer, you need to ensure you have the right tools and circumstances. A signature by mark is not something you can improvise on the fly.
Required Materials:
- A reliable, black or blue ink pen (no pencils, no funky colors)
- Your official notary seal
- Your notary journal
- The unsigned document
- Witnesses (discussed in detail below)
Knowledge Prerequisites: You must look up your specific state laws regarding a signature by mark before the appointment. While most states allow the practice, the rules surrounding witnesses vary wildly. For example, some states require two disinterested witnesses to be present for a signature by mark, while others only require one. A few states may not require any witnesses for the mark itself, but require them if the notary must act as the scribe. Do not guess—look it up in your state notary guidelines.
Step-by-Step Guide to Notarizing a Signature by Mark
When you are certain of your state's requirements, you can proceed with the following step-by-step process.
Step 1: Verify the Signer's Identity
The rules for identifying the signer do not change just because they are signing with a mark. You must still use satisfactory evidence, such as a valid, unexpired government-issued ID, to confirm their identity. If you are using credible witnesses because the signer lacks acceptable ID, ensure those witnesses meet your state's specific criteria for that process.
Step 2: Confirm Awareness and Willingness
Because signers using a mark are often elderly, ill, or facing cognitive challenges, you must take extra care to ensure they are aware of what they are signing. Ask them simple, clear questions about the document. Do they understand they are signing a deed, a power of attorney, or a contract? Are they signing voluntarily, or does it appear someone is coercing them? If you suspect the signer is confused or under duress, you must refuse the notarization.
Step 3: Gather the Required Witnesses
If your state requires witnesses for a signature by mark, introduce them to the signer and verify their identities if required by law. The witnesses must remain in the room for the entirety of the signing process. They are there to observe the mark being made and to sign their own names to corroborate the event.
Step 4: Write the Signer's Name Near the Signature Line
This is where the process differs significantly from a standard signing. The signer's legal name must be written on the document, but typically, the notary or a witness writes it.
Using your pen, carefully print or write the signer's name on or immediately adjacent to the signature line. You are essentially creating a template so that when the mark is made, it is clear exactly whose mark it is. Make sure the name is spelled perfectly, matching the name on their ID and the document's text.
Step 5: Direct the Signer to Make Their Mark
Hand the pen to the signer. Instruct them to make their mark—usually an "X"—on or near the signature line, right where you just wrote their name.
The signer must physically make the mark themselves. You cannot make the mark for them. However, if the signer has a physical limitation (such as severe tremors or paralysis) but still has use of their hand, it is generally acceptable in most states to guide their hand. Check your state laws carefully regarding "hand-over-hand" guidance, as some jurisdictions are strict about the signer wielding the pen independently.
Step 6: Have the Witnesses Sign
Immediately after the signer makes their mark, the required witnesses must sign the document. In most cases, the witnesses will sign their names directly next to or beneath the mark. Their signatures serve as proof that they watched the individual make the mark and that the individual claimed it was their signature.
Step 7: Complete the Notarial Certificate
Once the mark is made and the witnesses have signed, you can fill out your notarial certificate. You will perform the exact notarial act requested (acknowledgment, jurat, etc.). However, you should pay close attention to how you fill out the certificate.
Some states have specific notarial wording for a signature by mark. If your state does not, it is generally a best practice to add a brief note in your journal (and sometimes on the certificate, if space permits) indicating that the signer executed the document via a signature by mark in the presence of the required witnesses.
Best Practices for Your Notary Journal
Your notary journal is your first line of defense if a signature by mark is ever challenged in court. Because this type of signing carries a higher risk of fraud, your journal entry needs to be meticulous.
In addition to the standard journal entries (date, time, document type, ID details, fee), you should specifically note:
- That the document was signed by mark
- The exact type of mark made (e.g., "X," checkmark, thumbprint)
- The printed names and signatures of all witnesses present
- Who wrote the signer's name next to the mark (e.g., "I, the notary, printed the signer's name")
Common Mistakes to Avoid
Even experienced notaries can stumble when asked to notarize a signature by mark. Here are the most common pitfalls to watch out for:
Letting the signer write their own name first: If the signer is capable of writing their full name, they should generally just sign the document normally. A signature by mark is typically reserved for those who cannot write. If a signer claims they want to use an "X" but you watch them flawlessly fill out other parts of the form, question the necessity of the mark.
Forgetting to write the name before the mark: The sequence matters. The name should be written down before the mark is placed. If the mark goes down first, someone could theoretically write a different name next to it.
Using the wrong witnesses: Ensure your witnesses are disinterested parties (meaning they are not named in the document and do not stand to benefit from it). Do not let the signer's spouse, child, or caregiver act as a witness if they have a vested interest in the transaction, unless your state explicitly allows it.
Notarizing an incomplete document: Sometimes, a well-meaning family member will bring a document to you that already has the "X" on it, but no witnesses signed, and the signer isn't present. You cannot notarize this. The mark must be made in your presence.
Troubleshooting Tips
What if the signer makes a terrible, scribbled mark? You might look at the mark and think it looks like a chaotic squiggle rather than an "X." Do not ask them to redo it repeatedly, as this can cause frustration or make them feel inadequate. As long as the signer intentionally made the mark and intended it to be their signature, it is legally valid. The surrounding context—the printed name you wrote and the witness signatures—is what gives the mark its legal weight.
What if no witnesses are available? If your state requires witnesses for a signature by mark and none are present, you simply cannot proceed. You must reschedule the appointment. Do not ask your spouse, a neighbor, or a stranger off the street to act as a witness on the spot. Witnesses should ideally be arranged by the signer or the receiving party beforehand.
What if the signer wants to use a stamp or sticker instead of an ink mark? Generally, a signature by mark involves a pen-and-ink stroke made by the person's hand. A pre-made stamp does not demonstrate the physical, intentional act of signing in the same way. If presented with a stamp, it is best to decline and explain that the mark must be manually drawn during the notarization.
Frequently Asked Questions
Can I hold the pen for the signer to make their mark? It depends on your state. Some states allow the notary or a witness to guide the signer's hand if the signer is physically unable to grip the pen. However, many states strictly prohibit anyone else from touching the pen. You must check your state notary laws regarding hand-over-hand assistance before attempting this.
Does a signature by mark carry the same legal weight as a standard signature? Yes, generally speaking. As long as the mark is made intentionally by the signer, they are competent, their identity is verified, and the proper witnessing procedures are followed, a signature by mark is legally binding and equivalent to a written signature in almost all jurisdictions.
Who is responsible for writing the signer's name next to the mark? In most states, the notary public or one of the witnesses will write the signer's name on the document. The person who writes the name should also note their own role (e.g., "Name written by Notary Public") near the name, though this requirement varies by state.
Can a thumbprint be used as a signature by mark? Yes, in many jurisdictions, an inked thumbprint can serve as a signature by mark. However, because thumbprints are commonly associated with taking acknowledgments from individuals without ID, you should clarify with your state commissioning authority if a thumbprint alone satisfies the signature requirement, or if a drawn mark is strictly required.
What if the signer is blind but can write their name? If a blind person can physically write their name, they should do so. A signature by mark is not a substitute for a standard signature if the signer has the physical ability to sign. However, as a notary, you must still read the document to them (or have their agent read it to them) to ensure they are aware of what they are signing.
Can I notarize a signature by mark for an electronic notarization? As of 2026, the rules for Remote Online Notarization (RON) regarding a signature by mark are still evolving and vary heavily by state. Physical marks generally require a physical pen, so if you are performing a RON ceremony, you will likely need to follow your state's specific electronic signature guidelines for disabled or illiterate signers, which may involve digital affidavits from witnesses.
