Nevada Rules Regarding Remote Witnessing:

 

NRS 133.085 and Chapter 133 amendments effective July 1, 2017, Nevada now allows electronic wills (eWills) to be executed, witnessed, and notarized entirely via audio‑video communication:

• Under NRS 133.085, eWills may be valid if executed electronically before two witnesses—or before a notary public alone, if so elected.

• Crucially, Section 17 (within AB 413 amendments) defines “in the presence” to include real‑time audio‑video interaction, meaning witnesses or a notary can be in a different physical location and still count as present.

So for electronic wills and documents like Health Care Directives and POAs, Nevada now recognizes:

• Witnessing or notarization can be remote via live video.

• The document may be executed entirely electronically, as long as legal requirements are met.

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DVN Uses the Notarize & Proof Platform For All  Remote Notarizations. 

 

Notarize & Proof: Remote Witness Capabilities

1. On-Demand Witness Feature

• Notarize offers an “On‑Demand Witness” service. During a remote notary session, the notary can summon a trained witness (another notary) in real time. This allows the required witnessing to occur within the same virtual meeting.

• This feature is designed specifically for documents that legally require witness signatures, including:

  • Trusts & wills

  • Advanced health care directives

  • Financial power of attorney eNotary.

2. Pricing for Witness Services

• Notarize charges $10 for each on‑demand witness, per transaction.

• Documents like wills or health-care directives commonly need two witnesses—the platform can handle that.

3. Supported Document Types

• While not every RON session requires witnesses, Notarize explicitly lists that you can notarize:

  • Wills, trusts

  • Living wills and other health care directives

  • Power of Attorney documents 

How It Works for Remote Witnessing

1. Signer uploads the document that requires notarization and witness signatures.

2. During the RON (Remote Online Notarization) session, the notary verifies identity per standard RON protocols.

3. The notary then triggers the On‑Demand Witness feature and up to two witnessed notaries join the session.

4. The document is signed by all required parties in view of each other.

5. The witnessing is recorded and documented as part of the official video and audit trail.

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Requirements for a Remote Online Witness

 

1. Legal Authority to Witness Remotely

• Must be legally permitted in the state where the witnessing occurs (and where the notary is commissioned).

• Some states do not allow remote witnessing, or only allow it for specific documents (e.g., wills, POAs).

• Nevada does not generally authorize remote online witnessing—only notarization. Witnessing requirements for wills and estate documents often require physical presence unless otherwise stated by law.

2. Minimum Age & Legal Capacity

• The witness must be:

  • 18 years or older (in most states).

  • Mentally competent to understand the act they are witnessing.

3. Identity Verification

• The witness must be positively identified, often via:

  • Personal knowledge (known to the notary or principal).

  • Credential analysis (government-issued ID).

  • Knowledge-based authentication (KBA) if the witness is part of the remote session.

4. Audio-Visual Communication

• The witnessing must occur via real-time, two-way audio-video technology, where:

  • The witness sees the signer sign the document.

  • The session is recorded and retained (often for 7+ years, depending on state law).

5. No Conflict of Interest

• The witness should not be:

  • A beneficiary of the document (e.g., in a will).

  • A related party (unless the law allows).

6. Jurisdictional Considerations

• In states like Florida, Arizona, and Illinois, remote witnessing is permitted under specific rules.

• In Nevada, while Remote Online Notarization (RON) is fully authorized, remote witnessing is not universally recognized for all documents.

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