Jan192026
Probate Q&A Series

Is it worth contacting the notary who notarized the alleged transfer, and what can a notary record show in a forgery dispute? – North Carolina

Short Answer

Yes. In North Carolina, contacting the notary can be a practical early step because the notary may confirm what type of notarization was performed, who appeared, when and where it happened, and what identification (if any) was relied on. A notary’s records and recollection can help test whether the notarized “gift/transfer” document is consistent with a real signing event or whether there are red flags that support a forgery challenge.

Understanding the Problem

Under North Carolina probate disputes, the key question is whether contacting the notary who notarized an alleged lifetime transfer can help determine if the deceased actually signed and acknowledged the document that the corporation is relying on. The decision point is whether the notary can provide reliable information about the signing event (who appeared, what was presented, and how the notary completed the certificate) that helps confirm authenticity or supports a forgery claim.

Apply the Law

In North Carolina, a notarization is not the same thing as proof that a signature is genuine, but it is evidence that a notary completed a specific notarial act (most commonly an acknowledgment or a jurat) on a stated date and in a stated county. In a forgery dispute involving a claimed lifetime gift of a closely held business interest, the notary’s certificate, any journal entry the notary kept, and the notary’s testimony can matter because they address the “who/when/where/how” of the signing event. Disputes like this are often addressed through the Clerk of Superior Court in estate-related proceedings and, depending on the claims and remedies sought, may also be litigated in Superior Court.

Key Requirements

  • Identify the notarial act: Determine whether the document was notarized as an acknowledgment (the signer acknowledged signing) or a jurat (the signer swore/affirmed the contents). The type of certificate affects what the notary was certifying.
  • Confirm personal appearance and timing: A proper notarization generally depends on the signer personally appearing before the notary at the time of notarization (or complying with a lawful remote/electronic process). The date, location (county), and method can be checked against known facts.
  • Check identity verification and procedure: The notary may have relied on personal knowledge or “satisfactory evidence” of identity. Any notes about identification, witnesses, or irregularities can be important when authenticity is disputed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the estate appears to hold a minority interest in a closely held family corporation, but the corporation produced a notarized document claiming the deceased gifted the interest during life to a relative. Contacting the notary can help confirm whether the deceased personally appeared, whether the notary’s certificate matches the type of act claimed (acknowledgment vs. jurat vs. witness-based verification), and whether the date, county, and circumstances make sense. If the notary cannot confirm the event, has no record, or describes procedures that do not match the document, those facts can support further investigation and a formal challenge.

Process & Timing

  1. Who contacts the notary: Typically the personal representative, an estate attorney, or litigation counsel. Where: Directly to the notary (and sometimes through the notary’s employer if the notarization was done in a workplace setting). What: Request (a) a copy of the notarized document, (b) confirmation of the notarial act type, and (c) any journal entry or log information the notary is permitted to provide. When: As early as possible once the notarized “gift/transfer” is identified, because memories fade and records can be harder to locate over time.
  2. Information to compare: Compare the notary’s information to known facts (where the deceased lived, health and mobility at the time, travel ability, hospitalization, and whether the deceased was available on the notarization date). Also compare the certificate details (county, date, seal/commission expiration) to the face of the document.
  3. If the dispute continues: If informal confirmation does not resolve the issue, the next step is usually formal discovery (subpoenas for testimony and records) in the appropriate North Carolina court proceeding. The notary may become a witness about what was observed and what procedures were followed.

Exceptions & Pitfalls

  • No journal exists: North Carolina law permits a notary to keep a journal, but not every notary will have one. A lack of a journal entry does not automatically prove forgery; it may simply limit what can be confirmed informally.
  • The certificate may be incomplete or mismatched: A notarial certificate that is missing key information (like county, date, or clear identification of who appeared) can create questions about reliability and may require deeper investigation into how the document was created and used.
  • “Notarized” does not equal “valid transfer”: Even if the notarization was properly performed, the underlying transfer of a closely held business interest may still be disputed based on corporate governance documents, transfer restrictions, capacity, undue influence, or whether the paperwork actually accomplished a transfer under the corporation’s rules.
  • Informal contact can backfire: A poorly framed request can alert adverse parties and lead to document “cleanup.” In higher-conflict cases, counsel often prefers a controlled approach (written preservation request and, if needed, subpoena) rather than a casual phone call.

For more background on how notarization issues can intersect with estate disputes, see challenging a notarized document claiming a lifetime gift of a business interest and forged documents or improper notarization before death.

Conclusion

In North Carolina, contacting the notary who notarized an alleged transfer is often worthwhile because the notary may confirm the type of notarization performed, who personally appeared, and the date and county of the act—and may have a journal entry or other record that helps evaluate authenticity. The most important next step is to promptly request the notary’s available information and preserve records, then use formal court discovery if the estate must challenge the document.

Talk to a Probate Attorney

If you’re dealing with a notarized document that claims the deceased transferred property during life and there are forgery concerns, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North 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 North Carolina attorney.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.