Remote Online Notarization and Electronic Wills: Digital Planning
- Attorney Staff Writer
- Apr 15
- 2 min read
Updated: Aug 23

Before 2020, most wills and trusts had to be signed in person before witnesses and a notary. The COVID‑19 pandemic changed that almost overnight. Emergency orders across the United States permitted remote notarization and virtual witnessing through videoconferencing. Maryland’s 2022 Senate Bill 36, for example, allows testators and witnesses to meet through video, sign electronically and then create a “certified paper original” that is notarized later. The law also extends remote execution to trust agreements and other estate‑planning documents, reflecting lawmakers’ recognition that digital tools offer convenience without sacrificing security.
Understanding remote notarization and e‑wills
Remote online notarization (RON) uses audio‑video technology to allow a notary to verify signatures without being physically present. States like Illinois adopted both remote ink notarization and remote online notarization in 2022, authorizing wills and other documents to be witnessed and notarized remotely. The Electronic Wills Act, a model law promoted by the Uniform Law Commission, lets states recognize wills executed entirely in electronic form.
Many states require witnesses to be in the “electronic presence” of the testator—meaning they can see and hear one another via video—and permit electronic signatures and notarizations. By mid‑2023, at least fourteen states plus the District of Columbia and the U.S. Virgin Islands allowed e‑wills. More states have joined since, and the federal SECURE Notarization Act, pending in Congress, aims to make remote notarization available nationwide.
Despite the trend, rules remain inconsistent. Some states require a paper original to be created after electronic execution; others insist that witnesses eventually sign a physical document. Courts may also have specific procedures for admitting e‑wills to probate. Before relying on digital execution, trustees and grantors should confirm their state’s requirements and consult local counsel.
Practical tips for digital estate planning
Choose the right platform. Use a reputable RON service that meets state identity‑verification standards. Platforms often record the signing session and store electronic documents securely.
Follow state‑specific formalities. Maryland requires the creation of a certified paper original after an electronic signing. Illinois and other states have their own procedures. Complying with each step—such as including an attorney, capturing audio‑video evidence, or obtaining witness certifications—ensures validity.
Draft clear digital provisions. Update wills and trusts to authorize electronic execution. Include language permitting remote witnessing and notarization so there is no question about intent.
Store documents securely. Even when wills are electronic, many jurisdictions require retention of the video record and digital document. Maintain backups and consider depositing copies with your attorney or a trusted third‑party vault.
Looking ahead
The pandemic accelerated technological adoption in estate planning, and remote notarization and e‑wills are here to stay. They save time, expand access for clients who are homebound or live abroad, and integrate seamlessly with digital estate‑planning platforms. Yet they also introduce risks if formalities are overlooked or if state laws change. Trustees and grantors should stay apprised of legislative developments—especially as more states adopt the Electronic Wills Act—and work with professionals who understand both the technological and legal dimensions of digital estate planning. With careful implementation, e‑wills and remote notarization can make estate planning more flexible and resilient in an increasingly digital world.
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