Legal Question in Wills and Trusts in Florida

Legality of unnotarized will

My fiance filled out a Last Will and Testament (LF235-1) and a General Power of Attoryney (LF205-1). Unfortunately, he was put on hospice care at home and could not get them signed in front of a notary. He signed and dated them at home with witnesses. Are these documents legally acceptable? Would some other documentation from the witnesses that they could verify who he was help? I am named as executor and sole beneficiary. He has passed away since.


Asked on 6/02/09, 7:07 pm

2 Answers from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Legality of unnotarized will

The power of attorney is moot at this point, as it would no longer be legally valid after his death. As for the will, no notary is required, so if it otherwise met the requirements of execution before two witnesses all in each other's presence, it should be valid. You will need to contact an attorney to probate the will for it to be recognized - no will is ever effective unless it goes through the court probate process.

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Answered on 6/03/09, 10:26 am
David Slater David P. Slater, Esq.

Re: Legality of unnotarized will

The will does not require a notary.

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Answered on 6/02/09, 7:17 pm


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