The Affidavit That Was Only Acknowledged
An attorney’s office asks the notary to notarize an affidavit of heirship for a probate matter. The signer, Ray, appears in person, signs the affidavit in front of the notary, and answers yes when the notary asks if the signature is his. The form has no jurat, so the notary uses an acknowledgment stamp stating that the instrument was acknowledged before the notary by Ray on that date. The notary signs and seals. Two weeks later the attorney calls: the court rejected the affidavit because it was not sworn. The notary is asked to just add a jurat and re-date it to the original signing date so the filing deadline is met. The original affidavit is already in the court file. The notary’s commission is active.
1. Explain the difference between an acknowledgment and a jurat, and whether the original notarization satisfied the affidavit requirement.
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An acknowledgment is the signer’s declaration that they voluntarily executed the document for its stated purpose. The notary identifies the signer and witnesses that acknowledgment, but no oath is administered. A jurat is different: the signer must swear or affirm the truth of the contents, and the notary certifies that the oath was administered and the document was signed in the notary’s presence. An affidavit is a sworn statement, so it requires a jurat. Ray’s acknowledgment proved identity and voluntary execution, but it did not prove he was placed under oath. The original notarization therefore did not satisfy the affidavit requirement.
2. May the notary add a jurat now and re-date it to the original signing date?
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No. A jurat must reflect an oath actually administered on the date it occurred. The notary cannot add a jurat after the fact, attach a new jurat page to an already notarized court filing, or re-date the certificate to the original signing date. Backdating is false, and altering a court-filed document can create additional liability. The missing oath is not cured by changing the certificate language, because Ray was never sworn.
3. What should the notary do now to correct the problem properly?
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The notary should explain the defect to the attorney and not alter the original. Ray must appear again, be placed under oath, and sign a new affidavit or a new jurat in the notary’s presence. The new certificate should carry the current date and reflect the actual oath. If the court requires an original, a new original should be prepared. The notary may keep a record of the new act, but should not conceal or paper over the earlier error. The attorney should handle any court filing consequences.