Remote Notarization and Witnessing Extended in New York

Hodgson Russ LLP

On July 6, 2020, Governor Cuomo signed Executive Order 202.48, which extends the procedures put in place for individuals to execute estate planning documents while still practicing social distancing. The use of video conferencing is permitted through August 5, 2020, unless further extended.

Executive Orders 202.7 and 202.14 put procedures in place to effectively utilize video conferencing for the virtual notarization and witnessing, respectively, of estate planning documents. Wills, lifetime trusts, health care proxies, and New York Powers of Attorney can continue to be fully executed while safely limiting in-person contact.

The allowance of video conferencing when executing estate planning documents does not otherwise relax the formality in which the documents must be executed. As noted in our previous alert here, Executive Orders 202.7 and 202.14 layout the requirements for properly executing documents from the safety of one’s home.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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