Out of state notary services

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Topic Author
samjuno
Posts: 102
Joined: Fri Sep 21, 2007 10:55 pm

Out of state notary services

Post by samjuno »

Am trying to collect on my deceased mother's old annuity with an insurance company. She passed away several years ago in Hawaii & the insurance company tells me I need to complete & submit a "Small estate affidavit" from Hawaii. Problem is that the form requires a Hawaii notary public and I live in another state & can't travel there just to sign a form (cost of the trip would probably almost equal what is in the annuity).

Has anyone had experience with this sort of thing? Is there any way to have a notary certify a signature made in another state? Maybe via Skype?

-sam
Valjean
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Joined: Wed Feb 20, 2013 11:29 pm

Re: Out of state notary services

Post by Valjean »

While I suppose it's possible that Hawaii has some strange law that requires an affidavit for this purpose to be notarized in Hawaii, this just doesn't smell right to me. My reaction is to go up the food chain at the insurance company or contact a Hawaii lawyer to find out how your issue can be resolved.
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orcycle
Posts: 238
Joined: Mon Jul 11, 2011 9:44 am

Re: Out of state notary services

Post by orcycle »

In Oregon (don't know Hawaii law), a 'small estate affidavit' means the decedent died with a small enough estate that a full blown probate is not required. Was your mother's estate probated or otherwise cleared through the state?

You should talk to the insurance company regardless and see what they require, but you may end up needing to contact the county courthouse (see if they have a website with probate forms) if no probate was entered (or any final tax return).

If nothing I said applies and they just want a notarized signature, I would agree with Valjean and maybe they just preprinted Hawaii and Honolulu as state/county for the notary stamp. In fact, I think I encountered this when I needed to transfer title to a car in Hawaii for my deceased father-in-law. It was no problem using Oregon notaries.

Good luck.
Topic Author
samjuno
Posts: 102
Joined: Fri Sep 21, 2007 10:55 pm

Re: Out of state notary services

Post by samjuno »

It was the insurance company that informed me that they need the affidavit from Hawaii in order to release the money to me. To my knowledge, my mother's estate didn't need to go through probate since she had few assets.

I might go ahead and send the insurance company a "Small Estate Affidavit" from my own state and see if they might accept that.

BTW- I did research notarizations via Skype and it doesn't sound legal.

Thanks.

-sam
rooms222
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Joined: Fri Feb 22, 2013 1:12 pm

Re: Out of state notary services

Post by rooms222 »

I looked at the form and the statute it references. The form appears to be an affidavit provided for convenience purposes for the vast majority of users. The disclaimer at the bottom seems to indicate as such. There is no reference in the statute that it must be notarized in Hawaii (or by a Hawaiian notary). It appears that perhaps the Hawaii form needs to be slightly rewritten to be notarized by a notary in your state, but still contain the correct references and declarations that Hawaii requires by statute. Hawaii might also accept a small estate declaration from your state, but there is language in the Hawaiian one that would appear to be necessary for an affadavit to work in Hawaii.

A local attorney in your area, or one in Hawaii could probably rework this form in very little time.
carolinaman
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Location: North Carolina

Re: Out of state notary services

Post by carolinaman »

I just had a cemetary lot ownership transfer document notarized in NC. The property is in VA. Apparently being in the same state was not a problem here. Not sure why it would be in your instance. As others suggested, go up the food chain at insurance company to get a clearer answer. Notary is just verifying your signature unless there is some other need for this specific to Hawaii? I can tell you that insurance companies can get pretty anal about process for paying death benefits based upon some small insurance policies my mother had.
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Watty
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Re: Out of state notary services

Post by Watty »

There is a saying; "Sometimes it is better to ask forgiveness than permission."

Unless you are facing some deadline this may be a situation where it might be better to not ask and to just go ahead and send it in with a notary from your state. I would think that even if they reject it for some reason that it might only delay the process by a few weeks.

When you ask if you do "X" will they commit to do "Y" puts them in the position of having to make a decision and a negative answer is almost quicker and easier choice for some clerk.

If you send it in then that same clerk would be in a position where their quickest and easiest answer would be to process the claim with the out of state notarization.
Topic Author
samjuno
Posts: 102
Joined: Fri Sep 21, 2007 10:55 pm

Re: Out of state notary services

Post by samjuno »

Yes, that makes sense (just sending in an affidavit from my state & seeing what they do).

Or I might just send them the Hawaii affidavit and have it notarized by someone in my state and see how they respond.

Thanks.

-sam
Gill
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Location: Florida

Re: Out of state notary services

Post by Gill »

If she died a resident of Hawaii, you need the small estate procedure from that state, i.e., small estate affidavit from that state, not your home state. It certainly can be notarized anywhere I'm sure.
Bruce
Cost basis is redundant. One has a basis in an investment | One advises and gives advice | One should follow the principle of investing one's principal
Topic Author
samjuno
Posts: 102
Joined: Fri Sep 21, 2007 10:55 pm

Re: Out of state notary services

Post by samjuno »

Spoke with the Hawaii State Ass't Attorney General & he also suggested using my own state's notary and submitting the Hawaii affidavit to the insurance company.

-sam
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