You do not notarize a marriage license in South Carolina. No notary stamp, seal, or acknowledgment goes on the document at any stage, from application through recording at the Probate Court.1Greenville County Probate Court. Officiant Dos and Donts for Marriage Licenses The confusion usually traces back to one fact: South Carolina notaries public are allowed to perform wedding ceremonies. Officiating a wedding and notarizing a document are two different things.
Why People Think the License Needs a Notary
South Carolina law authorizes four categories of people to perform a marriage ceremony: ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths (which includes notaries public), and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs.2South Carolina Legislature. South Carolina Code 20-1-20 – Persons Who May Perform Marriage Ceremony Because a notary can legally marry a couple in South Carolina, people often assume the notary’s usual tools come along for the ride. They don’t.
Even when a notary officiates, the license is not notarized. The notary signs as the officiant, not as a notary. Greenville County’s Probate Court states the rule directly: a notary stamp or seal is not required on the license, and a stamp can actually cause problems if it covers any printed information on the form.1Greenville County Probate Court. Officiant Dos and Donts for Marriage Licenses
What the Officiant Actually Does on the License
The marriage license comes in three copies. After the ceremony, the officiant fills out their section on all three copies, including their signature, printed title, and the date and location of the wedding.1Greenville County Probate Court. Officiant Dos and Donts for Marriage Licenses That signature is the legal attestation that the marriage took place. It is the step some people mistake for notarization, but it is simply the officiant certifying that they performed the ceremony.
South Carolina does not require witnesses to sign the license or attend the ceremony. The officiant keeps one copy for the married couple and returns the other two to the Probate Court that issued the license, with state law allowing up to 15 days to do so.3South Carolina Legislature. South Carolina Code 20-1-330 – Issue of Licenses in Triplicate; Disposition Some county Probate Courts ask for a faster return, so it’s worth confirming with the issuing court.
The Oath That Replaces a Separate Notarization
Before the license is issued, both applicants sign a written application and file a sworn statement affirming that they are legally entitled to marry.4South Carolina Legislature. South Carolina Code 20-1-230 – Issuance of License; Premarital Preparation Course The application itself must be signed by both applicants and include full names, ages, places of residence, and Social Security numbers.5South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Section 20-1-220
That oath is administered by the probate judge or court clerk at the counter. It functions as the sworn portion of the process, which is why no separate notarial acknowledgment is needed on the license itself. The court has already put you under oath.
What This Means in Practice
If you are getting married in South Carolina, you do not need to find a notary to sign or seal your license. You apply at any South Carolina county’s Probate Court, take the oath there, wait the required period, and receive the license. After the ceremony, the officiant signs the license and returns the copies to the issuing court, and the court records the marriage.
If you are officiating and you happen to be a notary, leave the stamp in the drawer for this one. Sign the license as the officiant, fill in your title, the date, and the location, and deliver the copies back to the Probate Court on time.1Greenville County Probate Court. Officiant Dos and Donts for Marriage Licenses That is all the license requires, and it is all the state wants to see.