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I am a Wisconsin Notary and my commission is permanent. I…

Customer Question
I am a Wisconsin...

I am a Wisconsin Notary and my commission is permanent. I just noticed that on a document that I notarized yesterday omitted the statement that my commission is permanent. Is the notarization valid?

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The document was a self proof affidavit on a will

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
12/14/2017
Lawyer: Ely, Counselor at Law replied 4 months ago
Ely
Ely, Counselor at Law
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The notary seal requirements for Wisconsin are the following:

(a) Except as authorized in s. 137.19, every notary public shall provide an engraved official seal which makes a distinct and legible impression or official rubber stamp which makes a distinct and legible imprint on paper. The impression of the seal or the imprint of the rubber stamp shall state only the following: "Notary Public," "State of Wisconsin" and the name of the notary. But any notarial seal in use on August 1, 1959, shall be considered in compliance. (b)The impression of the notarial seal upon any instrument or writing or upon wafer, wax or other adhesive substance and affixed to any instrument or writing shall be deemed an affixation of the seal, and the imprint of the notarial rubber stamp upon any instrument or writing shall be deemed an affixation of the rubber stamp.

Nowhere in the law does it state that the seal has to state that it is a permanent commission. Ergo, lacking those words does not disqualify the notarization seal.

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Customer reply replied 4 months ago
Your answer appears to relate to the Notary Seal. On the website for the Wisconsin Secretary of state it says that if a notary witnesses a signature it should state...Notary Expiration Date. Does this change your answer?
Lawyer: Ely, Counselor at Law replied 4 months ago

Ah, I see. One second please while I type out a response...

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Lawyer: Ely, Counselor at Law replied 4 months ago

Except as authorized in s. 137.19, all certificates of acknowledgments of deeds and other conveyances, or any written instrument required or authorized by law to be acknowledged or sworn to before any notary public, within this state, shall be attested by a clear impression of the official seal or imprint of the rubber stamp of said officer, and in addition thereto shall be written or stamped either the day, month and year when the commission of said notary public will expire, or that such commission is permanent.

137.19 (EXCEPTION) Notarization and acknowledgement. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to administer the oath or to make the notarization, acknowledgment, or verification, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

So I am afraid that technically, if the signature block is missing the commission expiration date, then this was an improper notarization. However, it does not mean that it was invalid - the Court is still likely to rule that the notarization is valid (if challenged) provided that the identity was confirmed and that no fraud took place.

But if one wants not to worry, the notarization can always be redone again with an identical new will which simply voids the old one.

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