Remote Notarization: How to Notarize Documents Online

What Is Remote Online Notarization (RON)?

Remote online notarization, sometimes also called online notarization or virtual notarization, refers to notarization that relies on online audio-visual communication. The notary public and the document signer are not physically present in the same room, but rather communicate on an audio-visual platform. More and more states are taking steps to accommodate RONs and to specify the requirements the parties must meet. In many states, the notary is required to have special training or licensing to perform a remote online notarization.

Which States Allow Remote Notarization?

The vast majority of states have now enacted permanent laws that address remote online notarization. These states include:

COVID-19 Kickstarted a Patchwork of Permanent and Temporary RON Authorizations

When the COVID-19 pandemic began, with its stay-at-home orders and social distancing norms, nearly all of the states without existing RON laws issued emergency authorizations that allowed remote online notarization on a temporary basis. These temporary measures had expiration dates, though many were extended (several times), a few even into 2023. Many of these states then enacted permanent legislation when the temperature measures expired. If so, the state has been added to the list above.

States' Remote Online Notarization Laws Differ Widely

The state laws (and executive orders) vary widely in what they allow. For example, although South Dakota has enacted a permanent RON law, the law is extremely limited in scope; it allows remote online notarization only of paper—not electronic—documents, and requires a notary to have personal knowledge of the signer's identity. Several other states also allow only remote ink-signed notarizations (or RINs). Delaware's (extended) temporary order allows only Delaware attorneys to perform RONs. The states also lay out different requirements for the RON process. In other words, when performing a remote online notarization, it's necessary to follow the very specific guidelines set out by a particular state's law.

More Restricted: Remote Notarization and Witnessing of Wills and Trusts

Because estate planning documents trigger heightened concerns about fraud, undue influence, and mental capacity, some states' remote online notarization statutes either explicitly exclude wills and trusts from documents that can be notarized remotely, or impose more exacting requirements for these documents. But several states have enacted permanent laws allowing electronic wills, and many more seem poised to follow suit in the near future. (To check your state, see What Is an Electronic Will?) Again, in this area the pandemic has acted as a catalyst for state legislatures to act.

How to Get a Remote Online Notarization

The exact requirements vary by state, but notarizing your document online typically requires the following steps:

• Find a notary who can perform RONs in your state. To do this, you can consult a professional (such as your title agent if you're closing on a home, or an estate planning lawyer if you're writing a will), contact your secretary of state's office (or check their website to see if they keep a list of approved vendors), or try one of the relatively new online notarization services that connect you to a virtual notary. As discussed, states vary widely on what additional training or licensing they require of a remote notary, and it might be difficult to find an approved notary in your state.
• The online notary or notary service verifies the signer's identity. Some states require only that the signer present a photo I.D., while other states require more, such as identity authentication through multiple-choice questions.
• The signer signs the document while the notary watches remotely. This might involve the signer e-signing an electronic document or signing in wet ink on paper. Some states require wet ink signings, with the signed document delivered to the notary within 5 days.
• The notary then completes the notarization by adding an electronic signature and electronic seal or, after receiving the paper document, performing a wet ink notarization.

Some states further require that an audio-visual recording of the virtual signing be stored for a number of years, typically between five and 10 years.

The Future of Remote Notarization

Remote online notarizations are rapidly becoming more prevalent, especially given the large push, borne of necessity, during the COVID-19 pandemic. The changing field has raised concerns related to cybersecurity, encryption, and storage of sensitive electronic documents, as well as whether certain identity authentication methods—such as when a notary views a photo I.D. over a camera—are sufficient.

At the end of the day, remote online notarizations remain relatively new in many states, and some state statutes might still leave gaps or raise questions. Some attorneys are still wary of relying on remote notarizations of documents if a traditional notarization is available, or will recommend re-executing (notarizing and signing again) documents once an emergency has passed. But it's clear that remote online notarizations are making major inroads and will eventually become more entrenched in our daily lives.