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www.chicagolandrealestatelaw.com
lawgoddess1@gmail.com
773.818.9054 office/cell
866.381.4238 efax

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Thursday, April 16, 2020

State of Illinois Approves Remote Notarization for Estate Planning Documents

On March 26, 2020, the State of Illinois issued an Executive Order addressing the issue of executing documentation while maintaining proper social distancing.  Section II of the order states “During the duration of the Gubernatorial Disaster Proclamation…any act of witnessing required by Illinois law may be completed remotely by via two-way audio-visual communication technology…”

There are several procedures for this section of the order, as outlined below:

Procedures for Remote Witnessing:

  • The audio-visual communication must allow for contemporaneous video and audio communication between the signatory and the witness.
  • The communication must be recorded and preserved for at least three years.
  • Both the signatory and the witness must state they are physically located in the state of Illinois at the time of signing.
  • The signatory must affirmatively state what document they are signing.
  • Each page of the document must be shown to the witness in a clear, legible way and initialed by the signatory in the presence of the witness.
  • The act of signing must be captured in close up for the witness to observe.
  • The signatory must fax or email a legible copy of the signed document to the witness within 24 hours of the original signature.
  • The witness must sign the transmitted copy and fax or email their witnessed document to the signatory within 24 hours of receipt.
  • The witness may sign the originally signed document as of the date of the original date of execution if the witness receives both the electronic and original copy within thirty days of the remote witnessing.
11:33 am cdt 


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