Remote Online Notarization and Notarization Alternatives
Last Updated: October 3, 2022
Estate planning documents need to be signed following very specific formalities to ensure their validity. While we have been “open” and available for clients to sign their documents in person for awhile now, many of our clients live out of the area or for various reasons are unable to see us in person. At this time, clients have several options for signing their estate planning documents “remotely.”
The following is a summary of those options, although we work with each of our clients’ needs and comfort levels to ensure a successful experience:
Mobile Notaries. Mobile notaries will come to your home to perform notarization services, and should continue to do so with proper social distancing. The Secretary of State’s website provides additional information and recommended precautions for having documents notarized by a mobile notary.
Out-of-State Remote Online Notarization (RON). Several states permit notaries in that state to notarize documents for individuals located in other states. For example, notary in the State of Nevada (one of the states that allows this) can perform a remote online notarization session with an individual physically located in their home in the State of California. California permits this under Civil Code Section 1182, and 1189(b), provided that the remote online notarization is valid in the state in which the notarization occurs. Although many other states permit remote online notarization, and many other states’ governors have authorized remote online notarization through executive orders, California has never done so. We have several RON notaries that we use frequently to allow our clients to sign the majority their estate planning documents virtually (the exception to this is a client’s will, which must be witnessed and is handled differently).
UPS, FedEx and Shipping and Packaging Stores. Many retail locations offering overnight shipping and mail services also offer notarization. If clients are comfortable with this option, we will provide them with specific instructions to have documents notarized at these retail locations. Wills are not notarized, but instead witnessed by two witnesses. We work with clients on this aspect to make sure that the overall signing process fits their needs. While this is not our preferred method for signing estate planning documents, it can be useful or the best option in certain circumstances.
Remote Online Signing (No Notarization). Not all documents need to be notarized to be valid under California law. In fact, very few do. The only documents that must be notarized are Certifications of Trust and Deeds (but only to be recorded). Many people mistakenly believe that a deed must be notarized and recorded to be valid. Neither of those things are true. Rather, a deed must be notarized to be recorded, and recording provides notice publicly that the property has been transferred. It also helps keep a proper record of ownership, since unrecorded deeds often get lost. Other documents, such as revocable living trusts, are often notarized because it is easier to provide their validity and identity of the signer, but they are still valid even if they are never notarized. There are even exceptions for wills, which can still be valid even if they are not witnessed, provided that it is shown by “clear and convincing evidence” that it is intended to be a valid will (Probate Code 6110(c)). Our attorneys and paralegals understand the intricacies of the laws and signing requirements for each of these documents, and have developed a streamlined process for clients that involves a straightforward signing appointment by online video conferencing, with a follow up appointment to have certain documents notarized when that can be done in-person.
Overview of Remote Online Notarization
Each state that permits Remote Online Notarization (“RON”) generally has the following requirements:
Allows notarial acts to be completed using audio-video communication, often including acts where the signer is located outside the state in which the notary is authorized to operate;
Require that the notary authenticate the person signing; and
Require recording of the audio-video communication.
Pending Legislation
Update: The Online Notary Public Act (Assembly Bill 1093) was pending in the California legislature in the 2021-2022 legislative session, but further legislative hearings were cancelled. We will monitor for any new legislation that may be proposed in upcoming legislative sessions.
Many other states permit RON, and we currently use various methods for utilizing the services of a RON located in another state, in compliance with California law.