Can a notary be a witness to a will in Florida?

Yes, a notary can witness a will in Florida. However, the notary cannot both witness and notarize the same will.

Who can witness a will in Florida?

Florida allows anyone to be a witness as long as the person is “competent to be a witness.” The statute imposes no age requirements, residency requirements, or job requirements to be a witness. Florida’s rules are extremely lenient here. Thus, a notary could easily be a witness to a Florida last will and testament.

However, a notary cannot both witness a will and notarize that same will. The problem is that the notary is verifying that the witnesses are who they say they are and that the witnesses really did sign in the manner claimed on the self-proving affidavit. The notary cannot verify that information about that same notary. This would be a conflict of interest. Thus, a notary can witness a will, but a notary cannot notarize that same will.

Do I need to have my will notarized in Florida?

Notarization is not a requirement for Florida wills. However, it is wise to have a will include a self-proving affidavit, which does need to be notarized. Without that affidavit, the will is much harder to get admitted into probate. And that might mean that your will never gets used at all. So, to ensure that your wishes are carried out after death, you should use a self-proving affidavit. Thus, notarization is not required for Florida wills, but your will should be notarized anyway.