Florida’s New Online Remote Notarization Law

While much of life has become digital in the last 20 years, document signing and authentication of signatures has lagged behind, with in-person signatures still required for many estate planning, real estate and other legal documents. Happily, especially amid the COVID-19 pandemic, Florida has provided more flexibility when it comes to signing such documents by allowing remote online notarization (RON).

RON is the use of audio/visual technology to complete notarization of a document when the signer is not in the same physical location as the notary or the witnesses. This means you can use video apps like Facetime or WhatsApp to get documents remotely notarized. Not all notaries are able to perform a valid remote notarization; the notary must complete some special training and registration requirements first.

Florida’s RON law is effective for non-testamentary documents, such as powers of attorney, created on or after January 1, 2020 and for testamentary documents created after July 1, 2020. There are, however, some variations in how RON works with respect to different types of documents:

• Wills — A notary is required to create a self-proving will, which means a will that can be probated without the need to locate the attesting witnesses. The RON law allows the notary to digitally supervise the testator and the witnesses as they sign. Florida wills can be valid without a notary, but in such cases the witnesses will need to be located and made to testify in probate court, which can greatly delay the probate process.
• Revocable trust — This document can be executed in the same way as a will under Florida’s RON law.
• Designation of health care surrogate — This document can be signed before two witnesses, and notarized remotely.
• Durable power of attorney (DPOA) with a trust — A DPOA that also creates a trust is said to have “superpowers” in Florida. This document, like regular powers of attorney, can be executed remotely under the RON law.

Although RON is widely available in Florida, it is not authorized in cases of a vulnerable adult. This means a person over the age of 18 whose ability to perform the normal activities of daily life, or to provide for his or her own care or protection, is impaired due to mental, emotional, sensory, physical disability, brain damage, or infirmities of aging. The signature of a vulnerable adult must be witnessed in person, not remotely.

If you have questions about executing estate planning documents using RON or in-person methods, don’t hesitate to reach out to the Delray Beach lawyers at Bankier, Snelling, Zakin & Arlen, PLLC. You can schedule a consultation by calling 561-278-3110 or by contacting us online. We serve clients in Broward County, Palm Beach County and throughout South Florida.