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Remote Notarization and Witnessing for Estate Plans and Real Estate Documents

COVID-19 Estate Planning Real Estate

Remote Notarization and Witnessing is now allowed in Michigan under Executive Order 2020-41 throughout Michigan’s COVID-19 emergency.  Physical presence in front of notary and the requirement for physical original signatures have been temporarily suspended under Michigan’s Notary Act and the Uniform Real Property Electronic Recording Act.

A licensed notary with a valid notarial commission may use two-way real-time audiovisual technology to complete a notary designation provided that a recording is kept of the notarial act for at least three years, satisfactory evidence of identity is provided, the signor must affirmatively represent that the individual is physically situated in Michigan, date and time is notated, and a complete copy of the signed document is provided before notarization.  Electronic signatures will be accepted for most transactions through the duration of the order unless state law specifically requires a physical signature.

It is recommended that you contact Shinners & Cook, P.C. for an updated electronic notary certification and notary block and acknowledgment that is compliant with the Executive Order.  If you are dealing with any of these situations, or want to complete an estate plan via Zoom or other audiovisual means, please contact an attorney at Shinners & Cook, P.C.