U.S. citizens abroad
Notarizing estate documents from abroad
Wills, trusts, health care directives and related documents have strict signing rules. A notary can be part of the process, but the rules on witnesses and formalities come from the law that governs the document, and a lawyer should guide that.
Matthew Coleman, NJ Notary Public and NNA Certified Loan Signing Agent. Cranford, NJ. Fee confirmed before your session. Card charged only after it is complete. We aim to confirm within 15 minutes, 7am to 9pm.
When this comes up
People who live overseas still own U.S. property and want U.S. estate papers in order. The signing step is where mistakes tend to happen.
Ask the receiving party first
The most common reason a notarized document is rejected is that nobody checked what the other side would accept. Before you book, find out:
- Which state's law governs the document, and what does it require for witnesses? Some documents need two witnesses in addition to the notary.
- Does the attorney who prepared it accept a remote signing? Many want to supervise.
- Is a notary needed for the whole document, or only for a self-proving affidavit? The attorney will know.
- Who can serve as witnesses, and can they join by video? Rules differ and a mistake can undermine the document.
- Where will the original be kept?
How it works
- Ask the receiving party. Find out in writing whether it accepts a remote notarization and what kind of notarial act it needs.
- Send us the document. We check that it fits New Jersey's rules for a signer outside the United States. Tell us where you will be.
- Book a video session. Bring an unexpired government photo ID, a device with a camera and microphone, and a steady connection. Check the clock in both places.
- Sign on camera. We verify your identity, you sign when told to, and the notary completes the notarization.
- Send it on. You receive the notarized document to deliver or upload as the receiving party requires.
When a New Jersey notary can act
- The notary must be physically in New Jersey. You can be anywhere.
- The document must relate to a U.S. matter: it is filed with or before a U.S. court, public official or entity under U.S. jurisdiction, or it involves U.S. property or a transaction substantially connected with the United States.
- The act must not be prohibited where you are.
- The receiving party decides whether it accepts the result.
Mistakes that get paperwork rejected
- Treating the notary as a witness. The two roles are different, and one person may not be allowed to serve as both.
- Signing without the formalities your state requires.
- Asking the notary to explain the effect of the document. They cannot.
- Using a template from the internet without advice.
- Not telling the notary beforehand that witnesses will be present.
Questions
Can a will be notarized by video?
Rules vary by state and by document. Ask the attorney who prepared it. A notary cannot confirm that a will is valid.
Can the notary act as a witness?
Do not assume so. Whether a notary may also be a witness depends on the law that governs the document. Ask your attorney.
Do you recommend a lawyer?
We cannot give legal advice, but we can tell you to bring the attorney's instructions to the session.
MCC Solutions is not a law firm and a notary cannot give legal advice, choose the type of notarization for you, or tell you what a document means. Ask the office or person who will receive the document what it needs, and ask a lawyer about the content.