Remote Notarization and Online Wills: Are They Legally Valid?

Introduction: Estate Planning in a Digital World

Call a notary, and have your online will signed within ten minutes. Bam, your will is valid. But is it really? It is hard for many people to believe that estate planning can be done digitally and still be valid in the eyes of the law.

Remote notarization and online wills are increasingly accepted, but their legality depends on state laws and proper compliance. In this guide, we will explain how online wills and remote notarizations work, and what you must know to ensure your digital estate plan holds up in court.

The Digital Shift in Estate Planning

The pandemic accelerated and enabled remote services everywhere. This included the adoption of remote notarization and e-signatures across the U.S. What was once niche and uncommon about online estate planning has now become widespread and accepted, making online wills more accessible to everyone.

Online platforms like LegalZoom allow users to create, sign, and notarize estate documents virtually. So what are the benefits?

Benefits of online estate planning

Accessibility: Online wills can greatly help people in rural areas, those with mobility challenges, or people going through emergencies. A lot of people only realize they need a will during health emergencies and struggle to find an attorney to go through all the steps.

Affordability: Traditional estate planning with an attorney can be real expensive. By at least creating a basic will online, you can drastically reduce your legal costs for simple estate plans.

Convenience: With online will creation, you can skip the need for in-person appointments. If you do have any questions, many will creation platforms let you speak with a trusted attorney via Zoom or phone calls.

What Is Remote Online Notarization (RON)?

Remote online notarization (RON) is a process in which a notary public notarizes documents electronically using audio-visual technology, digital signatures, and secure identity verification.

The United States has grappled with how to best allow technological advances in document authorization since the 2000s, with RON being a major point of contention. RON has been authorized by many states under the Uniform Law Commission’s Revised Uniform Law on Notarial Acts (RULONA), which created RON frameworks. The federal legislation of SECURE Notarization Act is also pending nationwide expansion.

How RON works

The signer meets with a notary via secure video call ID verification tools confirm identity Both parties e-sign the document The notarized document gets encrypted and stored digitally

However, not every notary can perform RON and not every state allows you to notarize your will through RON.

Which States Allow Remote Notarization?

As of 2025, 45 states and DC have enacted permanent laws allowing remote online notarization (RON). Many states eliminated restrictions for RON in recent years, but certain states still have laws and regulations against it.

Early adopters of RON included Virginia, Texas, and Nevada. New York has expanded legislation, while California has a pilot program for RON implementation that started in 2024 and is expected to be completed by 2030.

Georgia is an example of a state that temporarily authorized RON from 2020 to 2022. At the start of 2025, Georgia also introduced new bills to allow permanent RON.

Looking to the future, we can expect more states to start authorizing permanent RON, making notarization easier and more accessible for everyone.

Variation alert

Each state has different rules about how the process works and which documents qualify. Be sure to check whether your state has special regulations against RON.

Important: Always check your state’s most current laws before signing estate documents remotely. Some states’ RON authorizations are temporary due to special circumstances, such as during a pandemic.

What Is an Online Will?

An online will is created, signed, and stored digitally. Typically, this means using an online platform like LegalZoom, Trust & Will, or Nolo.

Steps to create an online will

Complete a guided questionnaire Generate a customized legal will Sign electronically (or print and sign physically, depending on state law) Notarize or witness online (if permitted in your state)

Digital storage

Many online will creation platforms provide encrypted cloud storage and digital sharing with executors or beneficiaries. If yours doesn’t, make sure you print physical copies for safe storage and also upload copies digitally to a secure storage system.

Are Online Wills Legally Valid?

Short answer: It depends on your state. Let’s go over this in more detail:

Legality criteria

The document must meet state-specific requirements for wills. The testator (you) must have legal capacity and intent. If you are coerced into writing the will with any duress, the will would not be legal. If you are mentally incapacitated or impacted someone, it would depend on your specific situation to see whether signing a will would be valid (e.g. dementia).

Proper witnessing or notarization must occur, either in-person or remotely, depending on your state law. Look into your state laws to see what signature guarantors or notaries are valid.

States that recognize electronic wills

Jurisdictional differences between states exist for wills as with other estate planning components. Nevada, Arizona, Florida, Indiana, Colorado, and Utah are examples of states that recognize electronic wills. Many more states seem to be adopting similar statutes, as well as recognizing the Uniform Electronic Wills Act (UEWA) which has a “harmless error” clause, to allow for minor errors in will creation to not invalidate the entire will.

Some states require the will to be printed and physically signed even if it’s created online, so be sure to check if your state requires a signature with ink.

How Remote Notarization Works for Estate Documents

Wills and Trusts

Some states allow remote notarization or witnessing via video, whereas others still require in-person witnesses.

Powers of Attorney and Healthcare Directives

Powers of attorney and healthcare directives are often accepted for remote notarization under state RON laws.

Trusts and Real Estate Transfers

Many trust-related documents can be notarized remotely for efficiency and security.

Example: You use LegalZoom to draft a will, then complete remote notarization through an approved RON platform, ensuring compliance with your state’s requirements.

The Benefits of Remote Notarization and Online Wills

Convenience

RON and online wills let you create a will and sign it from anywhere, anytime.

Speed

Are you traveling or busy with work? Do you need this will done and signed now, but also need to catch a flight? Online estate planning lets you avoid scheduling and travel delays because of notarization or will creation.

Accessibility

RON and online wills are particularly useful for elderly, disabled, or remote residents. Anyone having trouble with making an in-person will or finding a notary in person can benefit massively from online will creation and remote notarization.

Affordability

Platforms like LegalZoom offer flat-fee, state-compliant options. Even the cheapest options allow you to create valid wills.

Digital Security

Video records, digital audit trails, and encryption offered by good online estate planning platforms can ensure document security and integrity.

The Risks and Limitations

Varying State Laws

A will that is valid in one state may be invalid in another because of how you made it or what details you put in it. The greatest concern about online wills is that you must check your state laws to see what is allowed. For example, the state of New York requires valid written documents with a witnessed signature from the testator.

Technology Failures

Anything digital can be susceptible to technological problems. For example, technical glitches in the system or poor ID verification could end up invalidating a notarization. Because of this, it is important to use a reputable online estate planning platform with solid reviews.

Fraud and Security Concerns

You may have heard of data breaches for your favorite telecom company or webpage. Although rare, improper authentication or data breaches are always risks that could impact your online will. Keep your passwords updated and use MFA (multi-factor authentication) when possible. It adds an extra layer of security.

Outdated Legal Recognition

A lot of states still require physical signatures for wills.

Misunderstanding Requirements

A will may be invalid if witnesses aren’t properly identified or if the signing process isn’t fully compliant.

How to Ensure Your Remote or Online Will Is Valid

Confirm state laws

Use your state’s bar association or a platform like LegalZoom to verify requirements. Online estate planning platforms can provide tips on how to verify your estate documents are legal, and attorneys are always the most secure choice.

Follow proper witnessing protocols

Some states allow remote witnesses via video, while others do not. Witnessing is not the same as notarization.

Use approved notaries

Only certified RON notaries in your state can perform valid remote notarizations, so not just any notary can qualify.

Store securely

Make sure your will is safe both physically and digitally. Keep digital copies encrypted in a secure, reliable online storage.

In addition, make sure your estate plan is accessible to your executor or trustee. Tell them how to find and access the will.

Review regularly

After you’re done with your will, you shouldn’t leave it to collect metaphorical dust. Make sure you update your will after major life events, such as divorce or a new baby.

If laws change, you also need to update your estate plan as needed. This may even mean redrafting your will.

When to Seek Professional Help

Estate planning is a big deal. It makes sense to check with a professional to obtain individualized advice and make sure your will is valid and complete.

Situations that require an attorney

Generally, if you have a complex estate, it is best to have an attorney advise you. Here are common situations where you should consult with an attorney.

• Complex estates or multiple properties
• Blended families or business ownership
• Cross-state assets or international beneficiaries
• Large estates approaching federal or state tax thresholds

Hybrid approach

If you’re not sure about whether you want an attorney’s help with your will, you can always take a hybrid approach. Start by using LegalZoom for the initial digital drafting and notarization. Then, once you are ready, you can hire an estate attorney to review your estate plan for legal accuracy and completeness.

The Future of Remote Estate Planning

Technology is making estate planning faster, safer, and more accessible, but compliance and regulations will always matter. Estate plans need to be valid and legitimate.

Growing acceptance

More states are expected to adopt e-will and remote notarization laws, which is wonderful for accessibility.

AI and blockchain integration

Future notarizations may start using facial recognition and immutable digital ledgers for added security.

Simplified nationwide compliance

The SECURE Notarization Act of 2025, once fully enacted, would be able to create uniform federal standards for RON. It would have a major impact on e-notarizations and remote notarizations.

Conclusion: Convenience Meets Compliance

Remote notarization and online wills are here to stay, but you still have to follow your state’s specific rules. For example, you might be required to print and sign with ink if e-signatures are not allowed.

When embracing digital tools for efficiency, always double-check that your documents meet all legal standards. An attorney from your state can help ensure your will and RON are valid.