South Carolina Notary Acknowledgment: Free Fillable Form, Probate & Wording
This content is educational and informational, not legal advice. The wording reflects South Carolina Code Title 26, Chapter 1 and section 30-5-30, but the law can change. Confirm the current form with the South Carolina Secretary of State before relying on it.
Fillable South Carolina acknowledgment or probate form
Choose an acknowledgment or a probate, enter the details, and the certificate updates live with the statutory South Carolina wording. Copy or print it, then attach it to your document. The notary completes and signs the final certificate after verifying identity.
What is the exact South Carolina acknowledgment wording?
The acknowledgment under section 30-5-30(C) has the notary certify by name that the grantor appeared and acknowledged the due execution of the instrument.
State of South Carolina
County of ______
I, ____________ (print notary's name), a Notary Public, do hereby certify that ____________, the within named Grantor(s), personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
___________________________________
Notary Public Signature
____________ (printed name)
My commission expires: ______
Do South Carolina deeds need witnesses?
Yes. Property records such as deeds and mortgages must be signed in the presence of two witnesses, and that requirement sits on top of the notarial act, not instead of it. Most states are satisfied with a notary alone, so out-of-state signers and remote closers are caught out routinely. The two witnesses sign the instrument itself, and one of them can later serve as the subscribing witness if the document is probated rather than acknowledged. A witness should not be a party to or a beneficiary of the transaction.
What is a probate in South Carolina, and how does it differ?
A probate is South Carolina's alternative to an acknowledgment, in which a subscribing witness swears under oath that they saw the grantor sign, seal, and deliver the instrument. The oath also states that the deponent witnessed the execution along with the other witness whose name is subscribed, and that the subscribing witness is not a party to or beneficiary of the transaction. In an acknowledgment, the grantor appears; in a probate, the witness appears instead. County recording forms in South Carolina typically print both blocks with an "or" between them.
| Acknowledgment | Probate | |
|---|---|---|
| Who appears | The grantor | A subscribing witness |
| What is said | Acknowledges due execution | Swears they saw the grantor sign |
| Under oath? | No | Yes, sworn before the notary |
| Statute | Section 30-5-30(C) | Sections 26-1-90 and 26-1-120 |
Does a missing seal void a South Carolina notarization?
Not automatically. Section 26-1-60 provides that the absence of the seal or of the commission expiration date does not by itself invalidate the notarial act, as long as the notary's official title is included. That is a forgiving rule compared with states where an unsealed certificate is simply rejected. It is not a licence to skip the seal, since a recorder may still balk and the certificate loses its usual weight. The South Carolina seal itself carries the notary's name, the words "notary public," and "State of South Carolina," and may be an ink stamp or an embosser.
Who commissions notaries in South Carolina?
The Secretary of State commissions South Carolina notaries, but the application first travels through the county legislative delegation office, which reviews it before forwarding it to the Secretary. An applicant must be a registered voter in South Carolina, a requirement almost no other state imposes, and the statutory filing fee is twenty-five dollars. The Secretary of State has begun issuing a unique identification number to each notary, printed on the commission, so the public can identify a particular notary. A notary who is not a licensed attorney may not provide any service that would amount to the unauthorized practice of law.
South Carolina acknowledgment: frequently asked questions
- Do South Carolina deeds need witnesses?
- Yes. Property records such as deeds and mortgages must be signed in the presence of two witnesses, in addition to the notarial act.
- What is a probate in South Carolina?
- An alternative to an acknowledgment where a subscribing witness swears they saw the grantor sign and deliver the instrument, and are not a party or beneficiary.
- Does a missing seal void a South Carolina notarization?
- Not automatically. The absence of the seal or the expiration date does not by itself invalidate the act if the notary's official title is included.
- Do you have to be a registered voter to be a South Carolina notary?
- Yes. An applicant must be a registered voter in South Carolina, and the application goes through the county legislative delegation office.
- Can a South Carolina notary give legal advice?
- No. A notary who is not a licensed attorney may not provide any service that would constitute the unauthorized practice of law.
Published June 13, 2026 by the Trámites Notariales US editorial team. Sources: South Carolina Code Title 26, Chapter 1 (sections 26-1-5, 26-1-60, 26-1-90 and 26-1-120) and section 30-5-30 (South Carolina Legislature); the South Carolina Secretary of State notary information and county recording forms. Confirm current wording before relying on it.