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Estate Planning State Laws

State laws may provide additional rights and benefits to individuals coping with cancer. Various laws related to employment, disability insurancehealth insuranceCOVID-19accessing medical recordsestate-planningother cancer-related state laws, and immigration are included below. We also have a chart of state laws on creating a will that can be found here. Please note that this information changes frequently, so check back for up-to-date information.

This chart includes the state laws that provide benefits and protections in the areas of estate planning.

StateState Allows for Remote Execution of Estate Planning DocumentsNotes
ALABAMAxhttps://www.abn.alabama.gov/wp-content/uploads/2020/04/2020-04-02-Fifth-Supplemental-SOE_COVID-19.pdf; Allowed Emergency Action (Original order: https://governor.alabama.gov/assets/2020/03/4th-Supplemental-State-of-Emergency-COVID-19.pdf)
ALASKANot allowed (also watch bill: http://www.akleg.gov/basis/Bill/Text/31?Hsid=SB0241Z)
ARIZONAxhttps://insurance.az.gov/executive-order-2020-26-remote-online-notary-servicesAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
ARKANSASxhttps://governor.arkansas.gov/images/uploads/executiveOrders/EO_20-12.__.pdfAllowed Emergency Action
CALIFORNIANot allowed (also watch bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB1322)
COLORADOxhttps://www.sos.state.co.us/pubs/rule_making/files/2020/20200330NotaryNoticeTempAdopt.pdfAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
CONNECTICUTxhttps://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7Q.pdf?la=enAllowed Emergency Action
DELAWARENot allowed
*DISTRICT OF COLUMBIANot allowed
FLORIDAx (effective July 1, 2020)https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0409er.docx&DocumentType=Bill&BillNumber=0409&Session=2019Allowed effective July 1, 2020; current executive order (found at: https://www.floridasupremecourt.org/content/download/632105/7182680/AOSC20-16.pdf) only pertains to oaths
GEORGIAxhttps://gov.georgia.gov/document/2020-executive-order/04092001/downloadAllowed Emergency Action
HAWAIIxhttps://governor.hawaii.gov/wp-content/uploads/2020/03/2003219-ATG_Executive-Order-No.-20-02-distribution-signed.pdfAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
IDAHOxhttps://www.nationalnotary.org/file%20library/nna/reference-library/state-law-summaries/idaho.pdfAllowed Statute: though remote notary is allowed, remote witnessing is not
ILLINOISxhttps://www.nationalnotary.org/knowledge-center/news/law-updates/il-guidance-on-remote-online-notarization-2020Allowed Emergency Action
INDIANAxhttps://www.in.gov/judiciary/files/order-other-2020-20S-ms-236.pdfAllowed Emergency Action (Supreme Court Order); in addition, Indiana also has remote notary law: https://legiscan.com/IN/text/SB0372/id/1746612/Indiana-2018-SB0372-Enrolled.pdf
IOWAxhttps://governor.iowa.gov/press-release/gov-reynolds-signs-new-proclamation-continuing-state-public-health-emergencyAllowed Emergency Action
KANSASx https://governor.kansas.gov/wp-content/uploads/2020/04/EO-20-20-Executed.pdfAllowed Emergency Action
KENTUCKYxhttps://apps.legislature.ky.gov/record/20RS/sb150.htmlAllowed statute
LOUISIANANot allowed: emergency action carve out testamentary situations (https://gov.louisiana.gov/assets/Proclamations/2020/37-JBE-2020.pdf)
MAINExhttps://www.maine.gov/governor/mills/sites/maine.gov.governor.mills/files/inline-files/EO37.pdfAllowed Emergency Action
MARYLANDxhttps://governor.maryland.gov/wp-content/uploads/2020/03/Remote-Notarizations-3.30.20.pdfAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
MASSACHUSETTSNot allowed: but emergency action concerning remote notary is pending approval (https://malegislature.gov/Bills/191/SD2882)
MICHIGANxhttps://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-525178--,00.htmlAllowed Emergency Action
MINNESOTAx https://www.sos.state.mn.us/notary-apostille/notary-help/remote-online-notarization-authorization-faq/Allowed statute: though remote notary is allowed, remote witnessing is not
MISSISSIPPIxhttps://www.sos.ms.gov/content/executiveorders/ExecutiveOrders/1467.pdfAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
MISSOURIxhttps://www.sos.mo.gov/library/reference/orders/2020/eo8Allowed Emergency Action
MONTANAxhttps://leg.mt.gov/bills/2019/billhtml/HB0370.htmAllowed statute: though remote notary is allowed, remote witnessing is not
NEBRASKAxhttps://sos.nebraska.gov/sites/sos.nebraska.gov/files/doc/OnlineNotary_EmergencyRule_Regulations_Chapter%209.pdfAllowed Emergency Action and statute (https://sos.nebraska.gov/business-services/online-notary-statutes): Emergency Action has expedited the application of online notary law, which had been scheduled to be effective on July 1, 2020; though remote notary is allowed, remote witnessing is not
NEVADAxhttps://www.leg.state.nv.us/NRS/NRS-133.html#NRS133Allowed statute
NEW HAMPSHIRExhttps://www.governor.nh.gov/news-media/emergency-orders/documents/emergency-order-11.pdfAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
NEW JERSEYNot allowed: but bill concerning remote notary is pending approval (https://legiscan.com/NJ/text/A3903/2020)
NEW MEXICOxhttps://www.governor.state.nm.us/wp-content/uploads/2020/04/Executive-Order-2020-015.pdfAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
NEW YORKxhttps://www.governor.ny.gov/news/no-2027-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergencyAllowed Emergency Action (see also extension of the order (updated Apr. 7, 2014): https://www.governor.ny.gov/news/no-20214-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency)
NORTH CAROLINAxhttps://www.sosnc.gov/imaging/dime/webportal/55573846.pdfAllowed Emergency Action
NORTH DAKOTAxhttps://www.legis.nd.gov/cencode/t44c06-1.pdf#nameddest=44-06p1-13p1Allowed Statute: though remote notary is allowed, remote witnessing is not
OHIOxhttp://codes.ohio.gov/orc/147Allowed Statute: though remote notary is allowed, remote witnessing is not
OKLAHOMAxhttps://www.nationalnotary.org/knowledge-center/news/law-updates/ok-senate-bill-915Allowed Statute: though remote notary is allowed, remote witnessing is not
OREGONNot allowed
PENNSYLVANIAxhttps://www.dos.pa.gov/Documents/2020-04-02-Remote-Notarization.pdfAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
*PUERTO RICONot allowed
RHODE ISLANDxhttps://www.sos.ri.gov/divisions/notary-public/remote-online-notarizationAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
SOUTH CAROLINANot allowed
SOUTH DAKOTAxhttps://www.nationalnotary.org/knowledge-center/news/law-updates/sd-house-bill-1272Allowed Statute: though remote notary is allowed, remote witnessing is not
TENNESSEExhttps://publications.tnsosfiles.com/pub/execorders/exec-orders-lee26.pdfAllowed Emergency Action
TEXASxhttps://gov.texas.gov/news/post/governor-abbott-temporarily-suspends-certain-statutes-to-allow-for-appearance-before-notary-public-via-videoconferenceAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
UTAHxhttps://notary.utah.gov/2019/10/22/remote-notary-law/Allowed Statute: though remote notary is allowed, remote witnessing is not
VERMONTxhttps://sos.vermont.gov/media/mixppvcq/emergency-rules-remote-notary-final-2020-0324.pdfAllowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
VIRGINIAx https://law.lis.virginia.gov/vacode/title19.2/chapter1/section19.2-3.1/Allowed Statute: though remote notary is allowed, remote witnessing is not
WASHINGTONxhttps://www.governor.wa.gov/sites/default/files/proclamations/20-27%20-%20COVID-19%20Notary%20%28tmp%29.pdfAllowed Emergency Action and Statute (http://lawfilesext.leg.wa.gov/biennium/2019-20/Htm/Bills/Session%20Laws/Senate/5641.SL.htm): the Emergency Action has expedited the application of online notary law (during the pendency of emergency), which had been scheduled to be effective on Oct. 1, 2020; though remote notary is allowed, remote witnessing is not
WEST VIRGINIAxhttps://apps.sos.wv.gov/adlaw/executivejournal/readpdf.aspx?DocID=89564Allowed Emergency Action: though remote notary is allowed for now, remote witnessing is not
WISCONSINhttps://www.wisbar.org/NewsPublications/Pages/General-Article.aspx?ArticleID=27577Not allowed even in Emergency Action; note that after the Emergency Action, Wisconsin Act 125 (https://docs.legis.wisconsin.gov/2019/related/acts/125) will apply
WYOMINGxhttps://soswy.state.wy.us/Services/Docs/Guidance-on-Temporary-Remote-Online-Notarization.pdfAllowed Emergency Action
GUAMNot allowed

For more information about how to create a valid will in your state, visit our state wills page.