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Notary Bulletin

Can I remotely notarize a will for a person in another state?

According to Wisconsin law, a Notary cannot remotely notarize creation of wills, codicils, testamentary trusts, power of attorneys and marital property agreements. Can a Wisconsin Notary remotely notarize these documents for a person living in another state.? Additionally, are there any powers of attorney that cannot be notarized remotely or does this apply to all types of powers of attorney? — S. S., Wisconsin

No. The law states that the section on remote notarization does not apply to a transaction to the extent it is governed by “any law governing the creation and execution of wills, codicils or testamentary trusts” and “any law governing the creation and execution of marital property agreements” (WS 140.145(10)(a) and (d). It uses similar language with respect to powers of attorney and powers of attorney for health care (WS 140.145(10)(c) and (e). The language of these exclusions is quite broad and appears to not allow for any exceptions.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

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