Definition
Attestation is the formal signing and witnessing of a deed, where witnesses confirm they observed the grantor sign and that the grantor appeared competent and willing. Attestation requirements vary by state. It's particularly important for testamentary transfers.
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Attestation adds formality and reliability to deed execution. A witness (attestor) signs the document confirming they observed the grantor sign it and that the grantor appeared mentally competent and not under duress. Attestation requirements vary by state—some states require one witness, some require two, and some don't require witnesses at all. Attestation is particularly important for testamentary transfers (wills and deeds in effect at death) because it creates evidence of competency and voluntariness at the time of execution. Without attestation, heirs might later claim the grantor lacked mental capacity or was coerced. Attestation doesn't require the witness to have any special knowledge—they just need to be present and able to testify about what they observed. A notary public can serve as an attesting witness. The importance of attestation is in creating evidence; if challenged later, the attestor's testimony helps prove the deed's legitimacy.
Pro Tip
Always have your deed properly executed and witnessed as required by your state law.
Example
A grantor signs a deed in front of two neighbors who also sign as witnesses, confirming they saw the signing. If the deed is later challenged as being signed under duress, the neighbors can testify they observed a competent, willing grantor.