Where should the person signing an affidavit of notice to creditors enter the date? – South Carolina

Short Answer

In South Carolina, the person signing the affidavit should enter the actual signing date on the date line associated with the fiduciary’s signature, if the form provides one. The notary—not the fiduciary—should complete the separate date in the notarial certificate or jurat, using the date the oath or affirmation occurs. If the only date blank appears inside the notarial section, the signer should leave it for the notary.

Understanding the Problem

The narrow question is where an ancillary administrator signing a South Carolina affidavit of notice to creditors must place the date. The distinction matters because the fiduciary signs the affidavit in a representative capacity, while the notary separately records when the oath or affirmation occurred.

Apply the Law

An affidavit generally contains two separate acts: the fiduciary signs and verifies the statements, and the notary completes the notarial certificate. The fiduciary should sign as ancillary administrator or personal representative and use any date line attached to that signature. The notary must complete the jurat or other certificate, including its date, after the signer personally appears and takes the required oath or affirmation. South Carolina law does not establish a separate statutory filing deadline based solely on the affidavit’s signature date, but notice to creditors must begin immediately after appointment.

Key Requirements

Correct signature capacity: The signer should identify the fiduciary role shown in the appointment documents, such as ancillary administrator or personal representative.
Signer’s date: If a date line appears next to or immediately below the fiduciary’s signature, the signer should enter the actual date of signing there.
Notary’s date: The notary should complete the date within language such as “sworn to before me” or “subscribed and sworn,” using the date of the notarial act.
Personal appearance: The signer must personally appear before the notary for an oath, affirmation, jurat, or signature witnessing.
Complete document: A South Carolina notary may not notarize a blank or incomplete document.

What the Statutes Say

S.C. Code Ann. § 26-1-120 (Notarial Certificates) – A certificate for an oath or affirmation must state the date of the oath or affirmation and contain the notary’s signature and commission-expiration date.
S.C. Code Ann. § 26-1-90 (Notarial Acts) – The signer must appear before the notary, and the notary may not notarize a blank or incomplete document.
S.C. Code Ann. § 62-4-207 (Ancillary Administration) – South Carolina’s estate-administration rules govern a local personal representative handling an ancillary estate.
S.C. Code Ann. § 62-3-704 (Personal Representative’s Duties) – A personal representative must publish notice to creditors immediately after appointment and later file proof of publication.

Analysis

Apply the Rule to the Facts: The ancillary administrator should sign in the fiduciary-signature area and place the actual signing date on a date line connected to that signature, if one appears. The notary should correct neither the fiduciary’s substantive answers nor the fiduciary’s signature capacity. The notary should complete the separate notarial date, sign the certificate, affix the required seal, and state the commission-expiration date.

Process & Timing

Who signs: The appointed ancillary administrator. Where: The fiduciary-signature block on the affidavit. What: The fiduciary’s signature, printed name or capacity if requested, and any date line attached to that signature. When: On the actual day of signing.
Who notarizes: The notary who personally observes the appearance and administers the oath or affirmation. The notary completes the date inside the notarial certificate using the actual notarization date.
Who receives the document: The signed original should be submitted to the South Carolina Probate Court administering the ancillary estate, usually in the county where the nonresident decedent’s South Carolina property was located at the time of death. Court staff may request a clean replacement if an incorrect entry makes the form unclear.

Exceptions & Pitfalls

If the form has no separate date beside the fiduciary’s signature and the only date appears in the jurat, the fiduciary should not place a date in that notarial blank.
If an incorrect date was entered, a clean replacement is usually safer than correction fluid, erasure, or an unexplained alteration. The document preparer or Probate Court should confirm whether a corrected form is required.
The notary should not complete or interpret substantive estate information for the fiduciary. A nonattorney notary generally may not help another person select, draft, or understand a document requiring notarization.
The affidavit’s execution date is not the same as the first-publication date. For creditors barred by publication, the first-publication date starts the eight-month period under S.C. Code Ann. § 62-3-801, subject to the earlier one-year-after-death limit under S.C. Code Ann. § 62-3-803.
For a broader discussion of publication requirements, see the South Carolina notice-to-creditors process.

Conclusion

The person signing a South Carolina affidavit of notice to creditors should place the actual signing date on the date line associated with the fiduciary’s signature, if the form includes one. The notary must complete the separate date inside the notarial certificate using the date of the oath or affirmation. The next step is to sign and date the fiduciary block and personally appear before the notary on the actual execution date, leaving all notarial blanks for the notary.

Talk to a Probate Attorney

If an ancillary estate affidavit contains an incorrect date or unclear signature block, our firm has experienced attorneys who can help clarify the proper execution, correction, and filing process.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.