Does a will need to be notarized in Florida?

No, a will is not required to be notarized in Florida. However, it is almost always advisable to include a self-proving affidavit in your will, which does require notarization. This is why most wills are notarized even though the law does not require it.

What are the requirements of a will in Florida?

A Florida will must be (1) signed by the testator at the end of the will (2) in the presence of two witnesses, (3) who themselves sign that same will (4) in the presence of the testator and (5) in the presence of each other. Thus, a will must be signed by at least three people: the testator and two witnesses. And everyone has to watch everyone else sign. But there is no requirement that a notary verify any of this. A will can be valid without a notary every getting involved.

So why are wills notarized so often in Florida? The reason is because of something called a self-proving affidavit, which requires a notary. If you are making a will, you almost certainly should include a self-proving affidavit.

What is a self-proving affidavit?

In Florida, a self-proving affidavit is a notarized statement that verifies the authenticity of a last will and testament. The affidavit affirms that the testator (person who created the will) signed the will in the presence of two witnesses, who themselves signed that same will in the presence of the testator and in the presence of each other.

Why do I need to include a self-proving affidavit in my will?

Without a self-proving affidavit, a probate court is going to require at least one of the witnesses (two, if the witnesses are interested) to testify before your will can be admitted. In other words, your will cannot be carried out unless one of your witnesses can be found and is willing to testify in court! The court requires the witness because it needs to verify that the will was validly executed.

However, if your will contains a self-proving affidavit, then the will can be admitted without any need to find the witnesses. This is because the affidavit is proof that the will was executed correctly. That’s why we say that the affidavit is “self-proving.” The court is willing to trust a will that contains a self-proving affidavit because a notary verified that the witnesses were in fact who they said they were and that they signed in the correct manner.

Therefore, a will is not required to be notarized in Florida, but you should have it notarized anyway.