New York permanently authorized remote online notarization on June 20, 2022, under Senate Bill S1780, letting notaries verify identity and witness document signing over secure video instead of in person. This makes it easier for New Yorkers to create a self-proving will without visiting an office.
New York first allowed remote notarization on a temporary basis in March 2020 during the early months of the pandemic, then made it a permanent part of state law two years later. For anyone drafting a will, trust, or power of attorney in New York, that change matters directly. Here is what the law requires and what it means for your estate plan. FastWill's will package works directly with a remote notary partner to help you finish this step.
What the Law Actually Changed
Governor Hochul signed Senate Bill S1780, which amended New York's Executive Law to permanently authorize electronic notarization using video and audio conference technology. Before this law, New York's remote notarization authority came from temporary pandemic executive orders that could have expired at any time. Now the authority is written directly into the statute.
How New York Verifies Signers Remotely
The law sets out specific methods a notary can use to confirm a signer's identity during a remote session:
- The notary can rely on personal knowledge of the signer.
- The notary can review the signer's government-issued identification remotely, combined with credential analysis and identity-proofing technology.
- The notary can administer an oath with the help of a credible witness who personally knows the signer and is verified by the notary.
The notary must also maintain live, real-time visual and audio contact with the signer for the entire notarization, and the signal must be secure from interception by anyone other than the people participating.
Recordkeeping and Authentication Requirements
New York requires notaries to retain a recording of the video session, along with a note of what identification was used, for at least ten years. Signers must also correctly answer four out of five knowledge-based identity verification questions, similar to the security questions used to log into a bank account. Once the document is signed, the signer sends the original to the notary, who verifies it, then signs, stamps, and includes specific language in the notarial certificate confirming that communication technology was used.
The Notary Must Be Physically Located in New York
One detail that surprises people is that the notary must be physically located within New York State at the time of the notarization, even though the document signer can be anywhere. This keeps the notary subject to New York's specific rules and oversight, regardless of where the person signing the will happens to be sitting.
In-Person Notarization Still Remains an Option
The law does not force anyone into remote notarization. It specifically prohibits businesses from requiring electronic notarization as the only option, so an in-person appointment must remain available if you prefer it. For most people, remote notarization is simply more convenient, especially when witnesses live in different locations or when travel is difficult, but it is a choice, not a mandate.
Why This Matters for Your Will
New York does not require a will to be notarized to be legally valid. What notarization adds is a self-proving affidavit, a sworn statement from your witnesses confirming the will was properly executed. Without it, the Surrogate's Court can require your witnesses to appear in person and testify about the signing, which can be inconvenient or impossible if a witness has moved, aged, or passed away. With a self-proving affidavit, probate moves faster because that step is skipped entirely. Our guide on notarizing your will and trust covers this process for any state, including New York.
How to Notarize Your New York Will Remotely
- Finish drafting your will, then identify the two witnesses you want present for signing.
- Schedule a session with a remote notary licensed to perform electronic notarizations in New York.
- Join the secure video call with your witnesses, either together or from separate devices.
- Verify your identity using an accepted government-issued photo ID and any required identity-verification questions.
- Sign the will electronically while the notary and witnesses watch in real time, then receive your notarized, self-proving document electronically.
If you have not yet drafted your will, our guide on writing a last will in New York covers the state's specific signing and witnessing requirements first.
How FastWill Handles This
FastWill partners directly with a remote notary service so that once you finish your New York will, you can schedule notarization through a secure video link without leaving home. The platform tracks New York's specific requirements so you do not have to research the statute yourself.
Frequently Asked Questions
When did remote notarization become permanent in New York?
Governor Hochul signed Senate Bill S1780 in late 2021, and its provisions took effect on June 20, 2022, replacing the temporary pandemic-era authorization with permanent law.
Does my will have to be notarized to be valid in New York?
No. New York does not require notarization for a will to be legally valid, but notarizing it creates a self-proving affidavit that speeds up probate.
Can the notary be located outside New York for a remote notarization?
No. The law specifically requires the notary to be physically located within New York State at the time of the notarization, regardless of where the signer is located.
How long must a remote notary keep the video recording?
At least ten years from the date of the notarization, along with a record of what identification was used to verify the signer.
Do my witnesses need to be in the same room as me for remote notarization?
No. Witnesses can join the same secure video session from their own devices, as long as the technology meets the state's security and identity-verification requirements.
Finish Your Estate Plan Without Leaving Home
New York has made it straightforward to create a self-proving will entirely online. Start your New York will with FastWill and handle drafting, signing, and notarization in one sitting.
