Remote Online Notarization and Estate Planning: Not a Good Fit

Adrienne McKay
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As a Los Angeles-based estate planning attorney, I am uneasy about California’s enactment of the Online Notarization Act, which took effect on Jan. 1, 2024. The act and its related statutes authorize remote online notarization or RON by California notaries. RON is the process used when the notary and signatory are in different locations and no paper copy of the document is available to sign. RON uses audio-visual communication and electronic devices to verify identity and record e-signatures.

California’s RON system may not be operational until 2030, but the act permits the use of RON by California signers if a notary public is authorized to perform RON in another state. As the 44th state to enact a RON statute, California is way behind the curve on this issue. However, those of us in estate planning appreciate the delay as we determine the best ways to ensure the safety of our clients’ documents.
 

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