Can I Register An Un-notorized Will In Flordia?

Does a Florida Will Demand to Exist Notarized?

Like almost states, Florida law requires a valid terminal will and testament to exist signed in the presence of at to the lowest degree two witnesses, each of whom must also sign the will. The witnesses are usually disinterested parties–i.e., non individuals who stand to inherit under the will–and they exercise not necessarily need to know the contents of the certificate itself. All the witnesses must adjure to is that the testator or testatrix (the person making the will) signed the document in their presence and alleged it to exist their will.

A question we often get is, "Do I have to notarize my will?" The short answer is "no." Although other types of estate planning documents are typically notarized, Florida police specifically states wills need to exist witnessed as described in a higher place. A will therefore does non demand to exist notarized in club to be valid.

Some wills do, still, contain a dissever affidavit that does need to exist notarized. This affidavit is signed by the witnesses, not the testator or testatrix, and just confirms they witnessed the signing of the will as required by law. A will that includes such a notarized affidavit is referred to as a "self-proving" will, and it eliminates the need for the witnesses to personally appear in probate court should a dispute later arise over the validity of the will.

Married woman's Mistake Leads to Invalidation of Belatedly Married man's Will

In a recent Florida probate case, Bitetzakis v. Bitetzakis, there was apparently some confusion as to whether a will needed to exist notarized. Unfortunately, as a result of this defoliation a Florida appeals court ultimately alleged the will invalid.

Here is what happened. This case involves a Hillsborough Canton man (the decedent) who died in 2017. Roughly four years earlier, he purportedly signed a will. This did not occur at an chaser's part, but rather in his kitchen. The decedent was having breakfast with his wife and ii friends. The decedent asked the friends to witness the signing of his volition.

The witnesses proceeded to sign the volition. The decedent then started to sign his own name. But halfway through–literally, the decedent had signed his get-go proper noun only–the decedent's wife asked him to stop. The wife believed, incorrectly, they needed to have the will notarized.

The side by side mean solar day, according to the wife, the decedent went to encounter a notary. He did non actually bring the will itself. Rather, he brought the affirmation commonly used for cocky-proving wills. The decedent so signed this affidavit in the notary'due south presence, even though this document was meant for the witnesses. (Afterwards all, a person cannot witness his own will.)

After the decedent passed away, a Florida probate court still admitted the volition, deeming the husband's fractional signature on the document sufficient proof of intent. Merely the Florida 2nd Commune Courtroom of Appeals reversed and held the will was inadmissible. The appeals courtroom noted this was a "unique" state of affairs, simply nevertheless said that since the hubby never finished signing his full name on the actual will, the document did not comply with Florida police.

Speak with a Florida Wills & Trusts Lawyer Today

Cases similar this illustrate why y'all should never try and execute a will without the advice and aid of a qualified Fort Myers manor planning attorney. If you have whatsoever questions or concerns about the estate planning process, contact the Kuhn Law House, P.A., at 239-333-4529 today to schedule a free consultation.

Source:

scholar.google.com/scholar_case?case=5882955820960575199

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