Probate Q&A Series

How can I satisfy a bank’s online notarization requirements if the signer is overseas? – North Carolina

Short Answer

In North Carolina, a signer who is overseas can often satisfy a bank’s “online notarization” requirement by using a North Carolina electronic notary who is registered to perform remote electronic notarizations (RON) and who uses approved identity-proofing and credential-analysis steps. North Carolina law allows the notary to notarize for a “remotely located principal,” which can include someone outside the United States, as long as the statutory RON steps are followed and the notary is physically located in North Carolina during the notarization. If the bank will not accept RON, another common option is signing before a U.S. consular officer or other authorized official abroad and providing the bank whatever authentication it requires.

Understanding the Problem

In a North Carolina probate-related bank account situation, the key question is how a required signer can complete bank documents when the bank insists on an “online notarization” and the signer is outside the country. The decision point is whether the bank will accept a North Carolina remote electronic notarization performed by a North Carolina electronic notary, or whether the bank requires a different type of notarization completed abroad. Timing often matters because the bank may not act on an estate request until it receives notarized documents that match its internal compliance rules.

Apply the Law

North Carolina’s Notary Public Act authorizes registered electronic notaries to perform remote electronic notarial acts using real-time audio-video communication technology, with required identity verification steps and a required recording of the notarization session. The remotely located signer must be identified through personal knowledge or through credential analysis and identity proofing performed by approved third-party vendors, and the notary must refuse the notarization if identity cannot be verified or if the technology is not secure. For bank-and-estate paperwork, the practical “fit” usually turns on whether the bank’s estate team will accept a North Carolina RON certificate and an electronic record, or whether it insists on an in-person notarization abroad (often through a U.S. consular officer) and possibly additional authentication.

Key Requirements

  • Use a properly registered NC electronic notary and compliant platform: The notary must be authorized to perform remote electronic notarizations and must use communication technology that supports real-time audio-video interaction and recording.
  • Identity verification that meets NC’s RON rules: The signer’s identity must be verified through personal knowledge or through credential analysis plus identity proofing (and the notary’s comparison of the credential image to the live video image).
  • A complete RON session with required disclosures and a recording: The notary must follow required steps such as informing participants that the session will be recorded and completing the notarial certificate and seal in a tamper-evident way for the electronic document.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the bank’s estate team has an attorney authorization on file, but it still needs a specific signer to execute documents, and that signer is overseas. Under North Carolina law, that signer can often complete the bank’s notarized forms through a North Carolina remote electronic notarization if the bank accepts RON and the notarization is done by a properly registered NC electronic notary using compliant identity proofing and credential analysis. If the bank’s internal rules reject RON for its forms, the alternative is usually arranging a notarization abroad before an official the bank will accept (often a U.S. consular officer), then delivering the original documents in the format the bank requires.

Process & Timing

  1. Who coordinates: The person handling the estate’s bank issue (often the personal representative/executor, or an authorized agent working with counsel). Where: A North Carolina electronic notary conducts the session while physically located in North Carolina; the signer participates from overseas. What: The bank’s required estate forms, signed electronically during the RON session, with the notary’s electronic certificate and seal attached in a tamper-evident way. When: Schedule once the bank confirms it will accept North Carolina RON for that specific form set.
  2. Identity and tech checks: The notary (through the platform) completes credential analysis and identity proofing and confirms the signer can be seen and heard clearly on live video; the notary also completes required disclosures and screens for voluntariness and understanding.
  3. Delivery to the bank: Provide the bank the notarized electronic documents (and any platform verification pages the bank requests). If the bank requires wet-ink originals instead, arrange an overseas in-person notarization the bank accepts and ship originals using a trackable method.

Exceptions & Pitfalls

  • Bank policy can be stricter than the statute: Even if North Carolina law allows RON, a particular bank team may require in-person notarization, a specific certificate format, or additional authentication steps for overseas signers.
  • Wrong type of notarization: Some bank forms are designed for wet-ink signatures and traditional acknowledgments. If the bank expects an original signature, an electronic notarization may be rejected even if it is legally valid.
  • Identity-proofing failures: Expired IDs, poor video quality, name mismatches, or inability to complete knowledge-based checks can derail RON. Planning for a second attempt (or a consular appointment) avoids delays.
  • Document-type limits: North Carolina restricts remote notarization for certain estate-planning documents. While this question involves bank/estate administration paperwork, it is important not to assume every document can be remotely notarized.
  • Shipping and originals: If the bank insists on originals notarized abroad, international shipping time and local appointment availability can become the real bottleneck.

Conclusion

In North Carolina, an overseas signer can often meet a bank’s “online notarization” requirement by completing a remote electronic notarization with a North Carolina electronic notary who follows the required identity-proofing, credential-analysis, and recording rules. The practical key is confirming the bank will accept a North Carolina RON certificate for the specific estate forms at issue. The next step is to obtain the bank’s written notarization instructions and schedule the RON session (or, if required, an in-person notarization abroad) before the bank’s stated return deadline.

Talk to a Probate Attorney

If a bank is requiring notarized estate documents and the necessary signer is overseas, our firm has experienced attorneys who can help clarify what the bank will accept and coordinate a workable signing plan under North Carolina rules. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.