You might also suggest that investing in a good attorney will prevent problems down the road with contested wills or wills thrown out in probate court due to sloppy execution procedures. In such cases, a savvy notary should decline to perform the notarial act and advise the person to contact an attorney for advice. Problems can arise when a client presents a notary with a self-prepared will and the client depends on the notary to determine the appropriate notarial certificate. Such wills are drafted by attorneys with specific instructions and pre-printed notarial certificates for the notary to complete. Many notaries who encounter wills do so within the capacity of their occupation, for instance as a legal assistant or an employee of a law firm that handles wills and other estate-planning documents. Some states advise novice notaries against notarizing wills unless those notaries are knowledgeable about the practice. The person making the will is called a "testator" if male and a "testatrix" if female. Therefore, notaries are unable to provide assistance in prescribing or determining the particular document a customer may need selecting the type of notarization or certificate for a given document preparing a document or giving advice on how to fill out, draft, or complete a document, provide legal counseling or advice in a legal matter that may or may not involve a notarial act.Wills are highly sensitive probate documents that determine how a person's assets will be distributed after his or her death. The South Carolina Notary Public Reference Manual describes the duties of this office in detail and serves as a reference if you are a notary public.Ī notary public is not duly trained or certified to practice law. Title 26, Chapter 1 of S.C Code of Laws defines the duties and acts performed by notaries public in the State of South Carolina. This will remain valid regardless of employment status. Patrons will need to call ahead to assure a notary is available.Įach staff member is registered in his or her own county and will be certified for 10 years. Notary Service is not available in the fifteen (15) minutes prior to the time of closing. The cost for a notarized document will be $5.00 per document.
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