Remote online notarization surged during the Covid pandemic, and many consumers now wonder whether they can use the same technology to finalize one of their most important legal documents: a will.

The short answer, according to estate planning attorney Harry Margolis, is that it depends heavily on your state, and in many cases, the answer is still no.

In a recent interview, Margolis explained how the rules governing online notarization vary widely across the country. Below is a transcript of that interview, edited for clarity and brevity.

Robert Powell: Often people who complete a will need to have it notarized, and many are wondering whether they can notarize their wills online, through remote notarization. Joining me to talk about that is Harry Margolis, author of “Get Your Ducks in a Row.” Harry, I imagine this is a common question.

Harry Margolis: Actually, it is not so common, at least in my state of Massachusetts, because you cannot notarize your documents online. It was allowed for a while during Covid, not for wills, but for many other documents. Even then, it was complicated and not easy to use, so I do not think it happened very much in Massachusetts.

The answer is very much state by state. Some states allow online notarization, some do not, and some allow it for certain documents but not others. A state may allow you to notarize a power of attorney or a deed, but not necessarily a will.

One of the challenges with wills is that they do not just need notarization, or at least should be notarized. They also require witnesses. Coordinating all of that online can be complicated. Because of that, I would assume that, for the most part, you cannot notarize a will online, although that is not universal.

There is a company that actually started in Massachusetts, despite the lack of convenient online notarization here. It was called Notarize.com, and it facilitated online notarization around the country.

Online notarization sounds easy. Wills make it complicated.

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How to check your state’s rules for online notarization

Robert Powell: So if you are in a state and you are unsure and trying to do this yourself, the first step is to go online and see whether it is allowed.

Harry Margolis: Yes. That is exactly what you should do. If I can add an update, Notarize.com is now called Proof. You can go to either Proof.com or Notarize.com and you will get there.

Those sites will tell you, state by state, what is allowed, what is required, and how to do it. They will also help facilitate the process, for a fee.

DIY versus attorney-prepared wills

Robert Powell: Is online notarization more common among people who are doing it themselves, rather than those using an estate planning attorney?

Harry Margolis: Probably, at least for now. But in the future, estate planning attorneys are likely to use it more. If it becomes widely available, it is easier for both lawyers and clients. Fewer people will need to come into a lawyer’s office.

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Lawyers are already doing much more work online, using Zoom or other video conferencing tools.

If online notarization and witnessing become common, attorneys can effectively serve clients statewide, rather than being limited to people who can physically get to their office.

Why attorneys may embrace it

Robert Powell: That would seem especially useful for an estate planning attorney with offices in multiple states, such as Massachusetts, Florida, or Arizona.

Harry Margolis: Exactly. It also fits with the broader trend toward remote work. A lawyer could potentially operate without a traditional office, because everything is done online. If you want clients to come in person, you need an office for that. But online notarization and remote meetings make that less necessary.

What to expect going forward

Robert Powell: So in the short term, people should check whether their state allows online notarization. We have given them a resource to do that. And over time, this may be something attorneys increasingly recommend because it is convenient for both sides.

Harry Margolis: I think it is the wave of the future. I am just not sure we are there yet everywhere.

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