[WSBAPT] Signature by mark

Sat Feb 14 10:13:51 PST 2026

I know the “rules” say either notary or witnesses. But I have had problems with banks who insist they need to have witnesses, not notary… And then other others who say they need to have a notary, not witnesses. I got tired of jumping through their hoops, and so I do both: have two witnesses sign the Attestation and also I notarize the document. That way it seems to keep everybody happy.

Melody Claire Tucker

Attorney at Law

WSBA #42096

Melody Tucker Law

P.O. Box 2029

Lynnwood, WA 98036

206-228-4980      Fax: 425-743-5921

website:  MelodyTuckerLaw.com

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On Feb 14, 2026, at 10:03 AM, Tom Westbrook <tjw at w3net.net> wrote:

Don’t you still need to have two witnesses observe and sign as well?
Cheers, Tom Westbrook
Retired, Emeritus

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Melody Tucker Law <melodytuckerlaw at hotmail.com>
Sent: Saturday, February 14, 2026 9:53:22 AM
To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Signature by mark

I had a client who was barely even able to hold a pen, but he wanted to sign the document. All he could do was make a very messy “X“ sort of near the line where the signature goes.

I did the attestation that he was known to me, he showed me his ID, and I saw him make that mark on the document, and that it was his mark and his intent to execute the document. And I signed it as the notary. It passed all scrutiny from the court, never a problem at all.

Melody Claire Tucker

Attorney at Law

WSBA #42096

Melody Tucker Law

P.O. Box 2029

Lynnwood, WA 98036

206-228-4980      Fax: 425-743-5921

website:  MelodyTuckerLaw.com

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.

On Feb 14, 2026, at 9:25 AM, Brent Williams-Ruth <brent at williams-ruthlaw.com> wrote:

Great question!  A mark can count - but if your situation makes it where they cannot even make a mark you need to make sure the notarization is done pursuant to RCW 64.08.100.

It is really very easy but in case you have someone that ever goes to challenge (such as a mean old bank or investment company) you will want to make sure it is 100% by the book!

Brent

For reference, here is what the statute says:

Acknowledgments by persons unable to sign name.
Any person who is otherwise competent but is physically unable to sign his or her name or make a mark may make an acknowledgment authorized under this chapter by orally directing the notary public or other authorized officer taking the acknowledgment to sign the person's name on his or her behalf. In taking an acknowledgment under this section, the notary public or other authorized officer shall, in addition to stating his or her name and place of residence, state that the signature in the acknowledgment was obtained under the authority of this section.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

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On Sat, Feb 14, 2026 at 8:21 AM Ann Manley <ann at manleyfirm.com<mailto:ann at manleyfirm.com>> wrote:
Client is able to make a mark on documents, but it is not a legible signature. Does anything special need to be done to notarize this?

Ann Manley
ann at manleyfirm.com<mailto:ann at manleyfirm.com>

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