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However, under the emergency rule, for documents requiring notarization, DFI is allowing remote notarization through approved providers, such as Notar圜am and Notarize, by notaries in states where remote notarizations can be legally performed.Ī new law, 2019 Wisconsin Act 125, allows notaries commissioned in Wisconsin to notarize remotely, but that law does not take effect until May 1, 2020. Under current law, remote notarization is not allowed.

The Wisconsin Department of Financial Institutions (DFI) issued Emergency Guidance on Remote Notarization (updated March 20, 2020), which is an emergency rule promulgated under current law. Emergency Guidance on Remote Notarization The remainder of this article goes into more details on these issues, and will be updated as needed. Lawyers can do real estate documents with remote notarization, but only if the notary is out-of-state.Ī new law that allows remote notarization, 2019 Wisconsin Act 125, allows remote notarization but it does not take effect until May 1, 2020, and it does not apply to estate planning and other documents, such as wills, trusts, and powers of attorney.Įmergency guidance issued by the Wisconsin Department of Financial Institutions allows remote notarization of certain documents effective now, but the emergency rule still does not authorize remote notarizations for estate planning documents.ĭFI issued a revised version of the emergency rule on March 20, 2020, at the request of the State Bar of Wisconsin, removing language that suggested remote notarizations could be performed for estate planning documents.įinally, remote notarization is different than other execution requirements that help to ensure a document is valid, such as the witnessing of a will.

In short, lawyers cannot do testamentary documents with remote notarization, whether that notary is in state or out-of-state.

This article, reviewed and approved by the E-Notarization Committee of the State Bar’s Real Property, Probate and Trust Law (RPPT) Section, provides guidance. Ma– The State Bar of Wisconsin is receiving numerous questions about the ability to notarize and execute legal documents, such as real estate documents, wills and other estate planning documents, in light of the coronavirus pandemic.