Governor Kemp has issued an executive order providing a means for Georgians to create and update estate planning documents without exposing themselves to unnecessary risk of COVID-19 infection.
As a result of the COVID-19 pandemic, many Georgians want either to create their first Last Will and Testament or update the estate planning documents they already have in place. Prior to April 9, 2020 doing so required being physically present – usually in the same room – with the witnesses and notaries assisting in executing those documents. That left Georgians most vulnerable to COVID-19 with an impossible choice: either break quarantine and expose themselves to the virus, or do nothing and risk leaving an estate plan that does not reflect their desire for the disposition of their assets.
Under Governor Kemp’s Executive Order Temporarily Allowing Remote Notarization and Attestation, estate planning and other documents that must usually be notarized or executed in the physical presence of witnesses can now be notarized and witnessed via video conference or other audio-visual technology that allows the notary/witness to see and hear the signer execute the document.
To protect against fraud and undue influence, any notary acting under the order must either be a licensed Georgia attorney or acting under the supervision of a licensed Georgia attorney, the signer must present proof of his identity via audio-visual technology, and the signer, notary, and/or witnesses must all execute the document on the same calendar day.
Contact your estate-planning attorney for more information.
