When you realize that a will signing requires the testator (person signing the will), witnesses, and possibly a notary to all be in a room together at the same time, you may wonder how in the world you’re going to sign your will during the quarantine restrictions enacted due to CoVid-19.
Because the consequences of a will are so significant, the law tries really hard to make sure that the person making the will is who they say they are and there is no fraud or identity theft involved. This is one of the reasons for the witnesses and a notary. These people are there to verify who the testator is and that the testator understands that the document they are signing is a will. This requirement helps protect wills from being deemed invalid and protects testators from being taken advantage of.
However, when there’s a pandemic going around and you want to isolate yourself from any potential exposure to disease, you need to know what your options are for making a will.
Thankfully, many states are allowing “remote online notarization” (aka RON) which means that a Notary can notarize your document via Zoom or other online video meeting. Prior to the Zoom call, you email your document to the Notary. During the Zoom call, the Notary verifies your identity, the witnesses’ identities, and the documents being signed. The Notary then signs your document and stamps their seal and returns the document back to you.
The problem is that many states do not allow remote notarization at this time, or at least, may not allow it for wills. This is something that you would need to investigate for your specific state. I suggest doing an online search for “remote notarization {name of your state}.” Then look for an article from an sos.gov site which should indicate that the information is coming from your state’s Secretary of State office, which authorizes Notaries in your area.
Remember, though, a notarized signature is not the same as a witnessed signature.
So, even if the Notary can be remote, chances are witnesses must still be present. You will want to set up the room for maximum social-distancing practices and have separate pens for each signer. You can have signing “stations” and simply pass around the pages to be signed. Each person should wear a mask and all precautions taken to ensure that everyone feels safe and is healthy. If the testator is in a nursing home, perhaps nurses, administrative employees, or janitors could serve as witnesses, if friends are not allowed to visit. Even your doctor, attorney, and/or their employees can serve as a witness. It’s important to know the witness requirements for your state as there may be rules dictating who can serve as a witness. In most states, the witness must be 18yrs+, of sound mind, and not a beneficiary under the will.
Because of CoVid-19, states are actively trying to make it easier for people to make wills electronically and have them verified remotely. Electronic wills (with e-signatures from all parties) are being considered and evaluated by national legal organizations like the American Bar Association, as well as on a more local level. Right now, Arizona, Florida, Indiana and Nevada allow their residents to make electronic wills, with many other states considering new laws permitting them. Be sure to check your state laws before attempting to use an e-signature on a will!
If you want more information on making wills, how they fit into an overall estate plan, and how you can possibly do-it-yourself, check out our Wills 101 course.
