Thursday, April 16, 2020
State of Illinois Approves Remote Notarization for Estate Planning Documents
11:33 am cdt
On March 26,
2020, the State of Illinois issued an Executive Order addressing the issue of executing documentation while maintaining proper
social distancing. Section II of the order states “During the duration of the Gubernatorial Disaster Proclamation…any
act of witnessing required by Illinois law may be completed remotely by via two-way audio-visual communication technology…”
There are several procedures
for this section of the order, as outlined below:
Procedures for Remote Witnessing:
- The audio-visual communication must allow for contemporaneous video and
audio communication between the signatory and the witness.
- The communication must be recorded and preserved for at least three years.
- Both the signatory and the witness must state they are
physically located in the state of Illinois at the time of signing.
- The signatory must affirmatively state what document they are signing.
- Each page of the document must be shown to the witness in a clear, legible
way and initialed by the signatory in the presence of the witness.
- The act of signing must be captured in close up for the witness to observe.
- The signatory must fax or email a legible copy of the
signed document to the witness within 24 hours of the original signature.
- The witness must sign the transmitted copy and fax or email their witnessed
document to the signatory within 24 hours of receipt.
- The witness may sign the originally signed document as of the date of the original date of execution
if the witness receives both the electronic and original copy within thirty days of the remote witnessing.