…and the list is continuing to grow as other states consider approving similar orders. To date, these states have approved some form of online notarization: This means that you and your witnesses and your notary can all be in your own location and through audio-video technology the notary can witness you and your witnesses signing the legal documents. So what is to be done during the COVID-19 pandemic when many have moved estate planning to the top of their “to do” list? How can users get their documents notarized? Some states have either passed through the legislature or by executive order emergency authority to allow for remote online notarization. Next, the notary will witness the person’s signature by signing and sealing the document. Then, the notary will verify the person’s identity and affirm that they are signing it freely and voluntarily. Even in states where there is no notarization requirement by law, for example in Massachusetts, a power of attorney does not have to be notarized, in practice Massachusetts powers of attorney are notarized because absent a notarization, most financial institutions will not accept it.Īlthough each state has its own rules for notaries, in general, for a document to be notarized, the person needs to appear before the notary. In fact, most states require witnesses and a notary to help verify that the person is willingly signing these important documents. Most estate planning documents require a notarization to make it legal.
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