Probate Problems: When Doing Things The Old-Fashioned Way Can Get Your Documents Rejected


This is not news, but we hear recording offices are beginning to reject documents.

Effective June 2, 2014, South Carolina Code §26-1-120 (E) 4, dealing with notarial certificates, was amended to require that a subscribing witness in a probate form must attest that he or she is not a party to or beneficiary of the transaction.

This is a correct version of the new probate form:

Screenshot 1

Probates are notoriously difficult to complete correctly, especially for documents sent out-of-state. It is probably always a better idea to use a simple acknowledgement form, particularly in light of the statutory change:Screenshot 2Note that South Carolina Code §26-1-90(B) now requires that the notary legibly type or print his or her name near the signature.

This is a technicality, but a technicality that can cause your documents to be rejected by recording offices. Don’t let that happen!