Overview
No, a notarized will is not valid in Florida just because it has a notary's stamp. A Florida will generally needs two witnesses to be valid.
What Florida Requires for a Valid Will
- You sign the will at the end.
- Two witnesses watch you sign, then sign in front of you and each other.
So What Does the Notary Do?
A notary is optional, but it can make the will "self-proving." That means you and your witnesses sign a sworn statement in front of the notary. Later, the court can usually accept the will without tracking down the witnesses. This can make probate, the court process for settling an estate, faster.
A Common Notarized Will Mistake
Some people sign a will in front of only a notary, like many other papers. Without two witnesses, a Florida court generally will not accept it, even if it was notarized.
Questions about your Florida estate plan? Call Karia Law at (954) 281-9989 or send a contact request at karialaw.com/contact.
Disclaimer: This is an advertisement. This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws vary and individual circumstances differ. Consult a licensed Florida estate planning attorney for advice specific to your situation. Tejus Karia, Esq. is a member of The Florida Bar.