Due to the proliferation of COVID-19 in New York, Governor Cuomo suspended the requirement of a notary being on-site and in-person and allows for the virtual signing and notarization of documents until May 7, 2020. 

What this means for estate planning

If you need estate planning and are unable to meet in person due to the travel ban and COVID-19 pandemic, your documents can still be processed using audio-visual technology. This means you can still get several estate planning documents created and finalized. These documents include:

  • Wills
  • Trusts
  • Powers of attorney, living wills and health care proxies
  • Business succession plans
  • Medicaid planning, including life estate deeds

What the Executive Order States

Through May 7, if you are physically situated in the state of New York, you can present a valid ID and video conference with a notary. This conference must be live and allow for “direct transaction” to occur. A legible copy of the documents must be transmitted by fax or electronic means. The notary must notarize the transmitted copies, sign and transmit the copies back. Repeated notarization of the original document is allowed within 30 days after the date of execution.

To read the full order you can click here. If you need to create a will, trust or have other estate planning matters taken care of via video communication, email us  or call 518-631-5609 and we will make such arrangements.