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Affidavit and out of state residence

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DocPit45

Member
What is the name of your state? South Carolina
I'm thinking about whether my daughter, who lives out of state, could use a small estate affidavit to inherit a vehicle that is not included in my trust. Presumably, she could if the vehicle is worth less than $25K. However, in SC, the affidavit's verification requires a signature in the presence of a SC notary public. I'm assuming that if the document says "Notary Public for South Carolina," it means just that. So, either she would have to travel to SC, or she would have to grant power of attorney to some agent who would sign for her. Is that the case?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? South Carolina
I'm thinking about whether my daughter, who lives out of state, could use a small estate affidavit to inherit a vehicle that is not included in my trust. Presumably, she could if the vehicle is worth less than $25K. However, in SC, the affidavit's verification requires a signature in the presence of a SC notary public. I'm assuming that if the document says "Notary Public for South Carolina," it means just that. So, either she would have to travel to SC, or she would have to grant power of attorney to some agent who would sign for her. Is that the case?
As a notary public in a different state, I would simply attach a copy of my completed jurat to the affidavit.
 

zddoodah

Active Member
I would assume that the form could be notarized anywhere, but only a South Carolina attorney will be able to confirm that.
 
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