[WSBAPT] Deed signed in UK
Joshua McKarcher
josh at mckarcherlaw.com
Fri Mar 7 06:56:05 PST 2025
Proof.com (or any of several others) for remote online notarization. $25 and 20 minutes. The notary must be physically in a given state and county. The signer can be on Mount Kilimanjaro or the French Riviera if they have audio and video and can take a snapshot of their US passport with their cell phone.
If county auditors and title insurers in small town Idaho and Eastern Washington can e-record, insure, and change tax records on RON'd deeds, I must believe any other county can too.
I strongly recommend any professional obtaining signatures from anyone ever become familiar with the many third-party sources offering remote online notarization.
And if you are not yet aware that Washington last year approved the electronic signature of everything related to estate planning including TEDRA agreements, trusts, powers of attorney, etc., check it out.
Happy Friday! Best, Josh
Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Dalynne Singleton <dalynne at glgmail.com>
Sent: Friday, March 7, 2025 6:27:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Deed signed in UK
I recently had a similar issue for a deed to be executed in the US and recorded in Mexico for Mexico property to the surviving spouse. There were requirements for an Apostille.
Here is some research I found but you can confirm these steps: a UK notary can notarize a US deed, but there are additional steps required for the deed to be accepted and recorded in the US. After the UK notary notarizes the document, it typically needs to be legalized or authenticated. This process involves submitting the notarized document to the Foreign & Commonwealth Office (FCO) in the UK to obtain an apostille1. The apostille certifies the authenticity of the notary's signature and seal. Once the document has the apostille, it can be sent to the US and used for its intended purpose, such as recording the deed.
It's always a good idea to check with the specific US state where the deed will be recorded, as requirements can vary, as we know.
Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com> Website: www.glglawgroup.com<http://www.glglawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Friday, March 7, 2025 4:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Deed signed in UK
I think they just need to take it to the US embassy to have it notarized. A second option to which I do not know the answer, can a remote notary work if the person signing is out of country? I have never looked at the remote notary rules but that would be handy.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Maura McCoy <maura at theharborlawgroup.com<mailto:maura at theharborlawgroup.com>>
Sent: Thursday, March 6, 2025 5:42:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Deed signed in UK
Hello Listmates:
We are representing an estate where the ex-spouse of the decedent needs to sign a deed transferring interest that was unfortunately not completed following their divorce. The wrinkle is that the ex-spouse currently lives in the UK. I have done some research but am finding conflicting guidance online - does anyone know the specific requirements in order to have a deed signed over the UK and be suitable for recording here?
Thank you!
Maura Senecal McCoy | Attorney
(she/her/hers)
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The Harbor Law Group
8811 Harborview Dr. Ste. B
Gig Harbor, WA 98332-2174
Tel. (253) 358-2215 | (800) 836-6531
Direct: (253) 432-8953
Fax. (253) 358-2215
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