Does a will have to be notarized in pa
The Bill is presently awaiting Governor Tom Wolf’s review and approval. On April 14, the Pennsylvania General Assembly passed Senate Bill 841, which, among other things, proposes to authorize notaries to use communication technology to perform notarial acts remotely under certain provisions, including that the Department of State is notified of the intent to perform those services.
DOES A WILL HAVE TO BE NOTARIZED IN PA HOW TO
Under the current stay-at-home orders, non-life-sustaining businesses operating remotely, and long-term care facilities prohibiting visitors, the question remains as to how to execute estate planning documents.ĭue in large part to the vocal concerns of estate planning attorneys and other practitioners, there is currently a temporary suspension of Pennsylvania law requiring notaries to be physically present when documents are signed as long as certain requirements are met. The same has generally been assumed to be true regarding witnesses. Notary law requires a person signing a document to physically appear before the notary (or an affirming attorney) in order for the document to be notarized. Deed – notarization is required for a Deed to be recorded.In other words, notarization can be exchanged for additional paperwork at the time of probate during the COVID-19 restrictions. (However, if the individual is unable to sign and directs another to sign on his/her behalf, two witnesses are required.) To probate a Will signed without two witnesses and a notary requires two people who are familiar with the individual’s signature to sign an affidavit at the time of probate. Will – neither witnesses nor a notary is required.General or Financial Power of Attorney – two witnesses must sign in the presence of a notary.Health Care Power of Attorney/Advance Directive/Living Will – two witnesses must sign, but notarization is not required.Legal signatory requirementsįirst, it’s important to consider that various legal documents have different requirements for execution in Pennsylvania, as follows: However, many of these documents require signing in the presence of a witness and notary, leaving many wondering how to sign these types of legal documents during the Pennsylvania-wide stay-at-home order. Saxton & Stump remains as flexible as possible within the framework of the government orders to help clients address their estate planning needs. Because COVID-19 response measures on all fronts are continually evolving, clients should stay alert to new developments and consult with counsel on any critical questions.ĭuring these challenging and uncertain times, many people are understandably taking the time to review their estate planning documents. The below information is current as of the publication date listed.