Remote online notarization

Remote online notarization lets a notary public witness a signature over a video connection instead of in person. It removes the most stubborn obstacle to fully paperless closing — the requirement that a notary physically be in the room — but it introduces its own requirements and its own variability.

How the process works

1. Identity proofing. The signer's identity is verified, typically through knowledge-based authentication (questions drawn from public records) plus a government ID inspected on camera. Some states require additional credential analysis.
2. Video session. The notary and signer connect over live audio-video. The notary confirms the signer's identity, confirms willingness, and witnesses the signature.
3. Electronic signature and notarial act. The signer applies the signature electronically; the notary applies an electronic notarial certificate with the notary's seal or electronic equivalent.
4. Recording. Most authorising states require the audio-video session to be recorded and retained for a defined period.
5. Journal entry. The notary records the act in an electronic journal, which is often also a statutory requirement.

What the authorising statutes typically require

• The notary must be commissioned in the authorising state
• Identity proofing to a defined standard, commonly including KBA
• Retention of the session recording for a set period
• An electronic journal with specified fields
• Use of a platform approved or registered under the state's rules, in some states
• The notarial certificate and seal in an approved electronic form

The acceptance problem

This is the part that causes the most difficulty in practice. A state authorising RON governs notaries commissioned there. Whether a document notarised via RON in one state will be accepted in another depends on the receiving state's law and, often more concretely, on the institution receiving it — a county recorder, a title insurer, a lender.

Many states have adopted recognition provisions that accept out-of-state RON executions. But recognition is not universal, and institutional practice sometimes lags the statute. The practical rule is: verify with the specific receiving party, for the specific document, before the closing date.

Estate planning and wills

Wills and testamentary documents are excluded from both ESIGN and UETA in most jurisdictions, which places them outside the general framework. Some states have enacted separate authorisation for electronic wills, with their own strict formalities, and some permit RON for certain estate documents short of the will itself. This area is genuinely state-specific and moving. Do not generalise.

Practical checklist before a RON closing

1. Confirm the notary is commissioned in an authorising state.
2. Confirm the receiving institution accepts RON for this document type.
3. Confirm the platform meets the state's technical and registration requirements.
4. Confirm the recording and journal retention obligations are met.
5. Test the signer's audio-video setup in advance — session failures at closing are expensive.
6. Ensure the signer has the required identity documents available.
7. Confirm the electronic notarial certificate format is accepted by the recipient.