Can a Florida real estate closing be executed remotely?

It can be, in many transactions. Florida law provides mechanisms for online notarization, electronic witnessing and acknowledgments taken outside the United States. Whether a particular closing may use them depends on the documents involved and on what the title underwriter, lender and closing agent accept.

Does the notary have to be in Florida?

For a Florida online notarization, the statute contemplates the online notary public being physically located in Florida when performing the act. The principal's location is what may differ.

Is the session recorded, and for how long is it kept?

Online notarization sessions are recorded. Under Fla. Stat. §117.245, the electronic journal and the audio-video recordings are retained for at least 10 years.

Do Florida deeds require witnesses?

Fla. Stat. §689.01 generally requires a conveyance of an interest in Florida real property to be signed in the presence of two subscribing witnesses, and provides that the witnessing requirement may be satisfied electronically through audio-video communication technology as described by the statute.

Can a document be acknowledged outside the United States?

Fla. Stat. §695.03 recognizes acknowledgments or proofs made outside the United States before specified foreign notaries or civil-law notaries, or before U.S. diplomatic or consular officers. Whether a particular foreign-executed instrument is accepted also depends on the title, lender and recording requirements of the transaction.

Is an apostille always required for a foreign-executed document?

No. There is no general rule that an apostille is required in every case. What is needed depends on the document, how and before whom it was executed, and what the closing and title professionals require.

Can a power of attorney be used instead of remote signing?

Sometimes. A power of attorney is a possible alternative, but its validity, scope and execution must be acceptable to the title company, the lender if any, and the closing agent. Acceptance is confirmed in advance, not assumed.

Which documents require notarization?

It varies. Documents are better classified by what they may require — notarization, witnessing, or a plain electronic or wet signature — than by a fixed universal list, because the set of documents in a closing depends on the property, the parties, any lender and the closing agent's own requirements.

How long does a remote signing session take?

There is no standard duration. It depends on the number of documents, the identity-confirmation steps required and whether more than one signer participates. The closing agent can estimate it for a specific file.

Does the notary explain what the documents mean?

A notary's role concerns the notarial act — identity, willingness and the execution of the instrument — not legal explanation. Questions about the legal effect of a document belong with an attorney.

How are funds handled in a remote closing?

Funding and disbursement are transaction-specific and coordinated by the closing or settlement professional. The accepted funding method, the route and the timing should be confirmed with that professional and with the sending and receiving institutions before a closing date is committed.

How should wire instructions be verified?

By telephone, using a number obtained independently of email, and again before sending if anything about the instructions changes. Treat emailed changes as suspicious until confirmed by voice; reporting guidance is published by the FBI's Internet Crime Complaint Center.

Does a remote closing change FIRPTA obligations?

No. The signing method does not change federal withholding rules. Under FIRPTA the transferee is the statutory withholding agent, although settlement professionals commonly coordinate the mechanics. The thresholds, forms and exceptions are covered in the guide to FIRPTA withholding for foreign sellers.

When is the transaction complete?

Completion depends on the contract, the closing instructions and the recording of the instrument, and the sequence differs from one transaction to another. The closing professional can confirm what remains outstanding in a specific file.

How Real Estate Closings Work Remotely in Florida

Q: What is remote online notarization under Florida law?

Under 2026 Fla. Stat. §117.265, an online notary public physically located in Florida may perform a notarial act by means of secure audio-video communication technology even where the principal or witnesses are located elsewhere, subject to the identity-confirmation and recording requirements of the statute.

Q: How is identity confirmed in an online notarization?

The statute provides methods including personal knowledge of the principal, or use of a government-issued credential together with credential analysis and identity proofing as the statute describes. Knowledge-based authentication is one mechanism that may be used within that framework, not the only permitted method in every case.

March 202610 min read

A technical look at how the execution stage of a Florida closing can be handled at a distance — the statutory mechanisms available, what each one requires, and what has to be confirmed transaction by transaction.

This guide expands on Javier's Miami selling advisory.

The short answer

A Florida closing can often be executed without the signer being physically present, but the acceptable method is transaction-specific. Florida law supplies the mechanisms — online notarization, electronic witnessing, acknowledgments taken abroad, and powers of attorney where appropriate. Whether a given method may be used for a given document is determined by the closing agent, the title underwriter and any lender, applying the requirements of that file.

This page covers execution mechanics only. The broader seller process is covered in selling a Miami property remotely.

Who is involved, and what each role does

Seller and buyer — the signers, or a lawfully authorized representative acting within the scope of a granted authority.
Settlement or title professional — coordinates title, documents, figures, funding and recording, and sets many of the practical requirements.
Lender, where financing is involved — may impose its own signing, witnessing and funding requirements independent of statute.
Notary and witnesses — perform the notarial act and satisfy witnessing requirements for instruments that need them.
Attorney, where engaged — advises on legal effect and drafting; whether one is engaged depends on the transaction and the party's preference.

Signer executing real estate documents on a tablet during a remote online notarization session

Online notarization under §117.265

2026 Fla. Stat. §117.265 allows an online notary public who is physically located in Florida to perform an online notarization using secure audio-video communication technology, even where the principal or the witnesses are located elsewhere. The statute addresses how the principal appears before the notary, how identity is confirmed, and the recording of the session.

Statutory permissibility is not the same as availability. A lender, title underwriter or platform may impose its own conditions, and a document type may be handled differently from one file to the next.

Identity proofing

The statute provides more than one route to confirming who is signing: personal knowledge of the principal, or a government-issued credential combined with credential analysis and identity proofing as the statute describes. Knowledge-based authentication is one mechanism used within that framework rather than a universal requirement, and additional identity provisions apply to certain principals located outside the United States.

Witnessing a deed under §689.01

Fla. Stat. §689.01 generally requires a conveyance of an interest in Florida real property to be signed in the presence of two subscribing witnesses, and provides that this witnessing requirement may be satisfied electronically through audio-video communication technology as described by statute. Witnessing is a separate requirement from notarization, and both have to be satisfied where both apply.

Acknowledgments taken outside the United States

Fla. Stat. §695.03 recognizes acknowledgments or proofs of instruments affecting Florida real property that are made outside the United States before specified foreign notaries or civil-law notaries, or before U.S. diplomatic or consular officers. This is a genuine alternative path where online notarization is not practical, and it does not reduce to a rule that an apostille is always required. Whether a specific foreign-executed instrument will be accepted for closing and recording is confirmed with the closing and title professionals before signing.

Miami residential property exterior with tropical landscaping

Power of attorney as a possible alternative

A power of attorney can allow another person to execute documents on a party's behalf. It is not automatically available: the instrument's validity, its scope, how and where it was executed, and its acceptability to the title underwriter, lender and closing agent all have to be established in advance, and the drafting itself is legal work.

Classifying the documents

Rather than assuming a fixed list, it is more accurate to sort each closing package into categories and ask the closing agent which category each document falls into:

documents that may require notarization;
documents that may require witnessing;
documents that may be executed by electronic signature;
documents a lender, association or underwriter may treat differently from the rest.

Which documents appear at all depends on the property, the parties, whether there is financing, and whether any party is treated as a foreign person for federal tax purposes.

Funding, disbursement and wire safety

Funding and disbursement are handled by the settlement professional according to the closing instructions, and the accepted method and timing vary. Cross-border transfers may involve intermediary institutions, compliance review and cut-off times, so the route should be planned with the sending and receiving banks before a closing date is committed.

Verify wire instructions by telephone using a number obtained independently of email, and treat any emailed change as suspicious until verified by voice. Reporting guidance is published by the FBI's Internet Crime Complaint Center.

Recording and session records

After execution, the instrument is submitted for recording in the county where the property is located. Separately, under Fla. Stat. §117.245, the online notary's electronic journal and the audio-video recording of the session are retained for at least 10 years. When a transaction is considered complete depends on the contract and the closing instructions rather than on any single step.

What remote execution does not change

The signing method changes logistics, not obligations. Contract terms and deadlines, title conditions, lender requirements, inspection and due-diligence responsibilities, and federal tax treatment all apply the same way. Where a seller is classified as a foreign person for federal tax purposes, FIRPTA withholding is a separate workstream in which the transferee is the statutory withholding agent, with the details set out in the guide to FIRPTA withholding for foreign sellers. The legal orientation for a foreign owner selling in Florida is covered in whether foreigners can sell property in Florida.

Nothing here is legal advice. The requirements for a specific closing are confirmed by the title, closing, lender and legal professionals engaged on that transaction.