Your will is one of the most important documents you will ever sign. It determines what happens to your assets, who cares for your minor children, and how your final wishes are carried out. Getting the notarization right is not optional — it is what makes the difference between a will that works and one that gets tied up in court.
Does Florida Require a Will to Be Notarized?
Florida does not require a will to be notarized to be legally valid. A will in Florida is valid if it is:
- In writing
- Signed by the testator (the person making the will) at the end
- Signed in the presence of two witnesses
- Signed by those two witnesses in the presence of the testator and each other
So why notarize? Because Florida allows for self-proving wills — and a self-proving will is significantly more valuable than a non-notarized one.
What Is a Self-Proving Will?
A self-proving will includes a notarized affidavit signed by the testator and both witnesses at the time of execution. This affidavit essentially pre-certifies the signatures, so that when the will is submitted to probate court after the testator's death, the witnesses do not need to appear in court to verify their signatures.
Without a self-proving affidavit, the probate court may require the witnesses to testify — which can be difficult or impossible if witnesses have moved, become incapacitated, or passed away themselves.
Florida's Requirements for a Self-Proving Will
Under Florida Statute §732.503, a self-proving will requires:
- The testator's signature on the will itself
- Two adult witnesses who sign in the presence of the testator and each other
- A notary public who witnesses all signatures and executes the self-proving affidavit
- All parties present at the same time
The notary does not sign the will itself — they sign the separate self-proving affidavit that is attached to or incorporated into the will.
Who Can and Cannot Serve as a Witness
Florida law is specific about who can witness a will:
- Witnesses must be at least 18 years old
- Witnesses should not be beneficiaries of the will — while not strictly prohibited, an interested witness may lose their bequest if the will is contested
- Witnesses cannot be the notary
Best practice is to use two disinterested adults — people who are not named in the will and have no financial interest in the estate.
Common Mistakes That Can Invalidate a Will
Signing before all parties are assembled. Everyone — testator, both witnesses, and the notary — must be present at the same time. Staggered signings are not valid.
Using a beneficiary as a witness. While not automatically invalidating in Florida, it creates legal risk and can result in the witness losing their inheritance.
Failing to sign at the end of the document. Florida requires the testator's signature at the physical end of the will. Signatures elsewhere may not be sufficient.
Not attaching the self-proving affidavit. The notarized affidavit must be properly attached to or incorporated into the will document.
Handwritten changes after signing. Any changes to a will after it has been signed and witnessed must follow the same formal execution requirements. Handwritten notes or cross-outs are not valid amendments.
Should You Use an Attorney to Draft Your Will?
A notary public can notarize your will but cannot draft it or provide legal advice about its contents. For a simple estate, many people use attorney-drafted templates or online services. For more complex situations — blended families, significant assets, business interests, minor children — working with a Florida estate planning attorney is strongly recommended.
Once your will is drafted, Sterling Mobile Notary - Riverview, FL can come to your home or office anywhere in Riverview, FL to handle the notarization. We coordinate the signing ceremony to ensure all requirements are met correctly.
Contact us to schedule your will signing appointment.
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