The Massachusetts legislature passed, and the Governor has signed into law, an Act Providing for Virtual Notarization to Address Challenges Related to COVID-19, which is effective until the current state of emergency is terminated.
The Act allows for documents to be notarized by video conference, so long as the notary and the signer are located in Massachusetts at the time of the signing. The Act also allows for virtual witnessing to the signing of estate planning documents, such as wills and health care proxies, so long as the witnesses are also located in Massachusetts at the time of the signing.
For certain documents related to transfers of real estate, such as deeds and mortgages, a second video conference is required during which the signer and witnesses confirm that the originals in the notary’s possession are the same documents they signed during the first video conference.
With the enactment of the remote notarization statute, we are able to execute on plans that have been pending and to continue working with new clients to develop and execute their estate plans in these uncertain times.
If you and your family need to begin the estate planning process but have been holding off due to the current state of emergency, please contact us today to discuss the options for a 100% remote planning process!