Updated June 25, 2020

 

In response to the COVID-19 pandemic, Connecticut Governor Ned Lamont issued Executive Order No. 7K on March 23, 2020 concerning remote notarization. This Order was then amended by Executive Order 7Q on March 30, 2020. The new Executive Order provided in part that remote notarization is authorized through June 23, 2020 by either a Connecticut Notary Public or a Connecticut Commissioner of the Superior Court. Executive Order 7ZZ issued on June 16, 2020 extended remote notarization “for the duration of the public health and civil preparedness emergency.” The Notary Public or Commissioner can use Communication Technology to effectively notarize a document as an alternative to the in-person requirement for an individual in Connecticut. Once the document is notarized, the individual must electronically transmit or fax the executed document to the Notary Public/Commissioner that same day. A main difference in the Connecticut law from New York State’s similar law, is that the transaction must be recorded and the Notary Public/Commissioner must keep the recording for 10 years.

Will Execution

Executive Order No. 7Q also provided that an attorney admitted to practice in Connecticut may remotely administer a self-proving affidavit at the end of a Will. This Order also allowed for remote witnessing using Communication Technology if the Will signing is supervised by a Commissioner who certifies that the Commissioner has done so. This rule is in place through June 23, 2020. However, Executive Order 7ZZ extended this rule “for the duration of the public health and civil preparedness emergency.”

Witnessing Requirements for Estate Planning Documents Other Than a Will

Executive Order No. 7Q waived all witness requirements on any document that also requires notarization. This wavier does not apply to a Will. This waiver is also in place through June 23, 2020. However, Executive Order 7ZZ extended this waiver “for the duration of the public health and civil preparedness emergency.”

Gift Tax Returns

The Connecticut Department of Revenue Services has extended the filing and payment deadline for 2019 gift tax returns (Form CT-706/709) from April 15, 2020 to July 15, 2020 just as the IRS did for Federal Gift Tax Returns (Form 709).

 

 

The following materials, and all other materials on this website, are intended for informational purposes only, are not to be construed as either legal advice or as advertising by Cuddy & Feder LLP or any of its attorneys, and do not create an attorney-client relationship between you and Cuddy & Feder LLP. Please seek the advice of an attorney before relying on any information contained herein.

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