Many of us are used to moving at warp speed and modern conveniences have made this pace sustainable in many areas of our lives. International families can be seemingly in two places at once thanks to tools and technology that make global collaboration seamless and efficient.
This efficiency has caused many clients to ask whether the same conveniences can be applied to estate planning. They wonder if they can sign their Florida estate planning documents remotely or use online notarization instead of meeting in person.
The short answer is yes, remote and online execution is possible in Florida in certain situations, but it should be done under close attorney oversight to ensure your documents are valid and enforceable when your family needs them most.
Estate planning documents like wills, trusts, powers of attorney, and health care directives are only effective if they are executed correctly, and each state has specific legal requirements for signing, witnessing, and notarization.
Here’s what to know about signing estate planning documents in Florida.
What is Remote or Online Notarization?
Remote Online Notarization (RON) allows a notary public to witness and notarize documents over a secure audio-video platform rather than in person.
In Florida, RON is authorized under Florida Statutes Chapter 117, including §117.201–§117.305, which govern online notarizations. These laws establish the requirements for identity verification, audio-video communication, recordkeeping, and notary authorization.
To be valid under Florida law:
- The notary must be commissioned as an online notary public
- The signer’s identity must be verified through approved methods
- The notarization must occur using real-time audio-video technology
- The session must be recorded and retained as required by statute
These safeguards are designed to make remote notarization both convenient, especially for international families and those who manage complex schedules, as well as legally reliable.
Can Estate Planning Documents be Signed Remotely in Florida?
Some estate planning documents can be signed using remote notarization. Whether you sign your documents electronically or in person, it’s always advisable to work with an experienced Florida estate planning attorney to ensure full compliance with the requirements.
In Florida, remote notarization is allowed for certain estate planning documents, including:
- Wills – Florida permits remote notarization of wills under Florida Statute §117.285 , but it includes additional identity verification steps and, in some cases, the involvement of a qualified custodian to maintain the electronic will. Strict compliance is critical.
- Trusts and ancillary documents – Many trusts and related documents can be executed using RON, provided all notarization and witnessing requirements are satisfied under Florida law.
- Powers of attorney and health care directives – These documents may also be executed remotely, but they must comply with Florida’s execution formalities and any institution-specific acceptance standards.
Because these rules are detailed and highly specific, execution must be carefully coordinated or the documents risk being invalidated.
The reality is that even a well-drafted plan can fail if witnesses are not present as required, identity verification is insufficient, or other state-specific procedures are not followed. What’s worse is that the issues may not surface until your family is trying to carry out your wishes.
Contact Us for Experienced Estate Planning Guidance
Remote notarization can make estate planning more convenient, but it is not a shortcut. Even if the signing process happens differently, it must still be handled with the same level of precision and care as an in-person signing.
At Horizon Private Wealth Law, we help domestic and international clients execute estate planning documents in a way that is both convenient and compliant. Whether you sign in person or remotely, we ensure your plan is properly executed and aligned with your broader estate planning goals.
Contact us today to schedule a consultation and complete your estate plan with confidence.
Frequently Asked Questions: Remote Signing and Online Notarization
Can I sign my Florida estate planning documents online?
In some cases, yes. Certain documents can be signed using remote online notarization so long as state-specific requirements are met.
Are online notarized documents legally valid?
Yes, if they comply with all applicable state laws, including identity verification, recording requirements, and proper notarization procedures.
Do wills require in-person signing?
In Florida, wills can be signed online so long as all witness, identity, and notarization requirements are met.
Is remote notarization safe?
When conducted through a compliant platform with proper verification and recording, remote notarization can be both secure and legally valid.
Should I choose remote or in-person signing?
The choice depends on your situation. Remote signing offers convenience, while in-person signing may provide added certainty for more complex plans. An attorney can help you decide which is best.
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