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.


Asked on 6/10/10, 10:34 am

3 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Yes. The notary should notarize the testator's signature as well as the signatures of the witnesses.

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Answered on 6/10/10, 1:36 pm

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.

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Answered on 6/10/10, 2:02 pm
Lucreita Becude Lucreita D. Becude, P.A.

Proving up means that one of the witnesses will have to state that they saw the person sign the will with the other witness.

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Answered on 6/14/10, 6:56 am


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