Legal Question in Wills and Trusts in Florida
Is it necessary to have a will notarized in the State of Florida that is being signed by the Testator and 2 witness at the same time.
3 Answers from Attorneys
Yes. The notary should notarize the testator's signature as well as the signatures of the witnesses.
To make it a Florida Self-Proved Will, it requires the Testator and 2 witnesses sign all at the same time in front of each other, and at that point, have a separate notary notarize the document. However, the form of the self-proved will is set by Florida Statute and it should be followed strickly.
If the Will is sign by the Testator and 2 witnesses at the same time in front of each other but is not notarized, than it still can be a valid Florida Will. However, it would need to be "proved up" in the Probate Court upon the Testator's death. The self proving provisions can avoid this later step.
Proving up means that one of the witnesses will have to state that they saw the person sign the will with the other witness.