Wills, Trusts & Estate Documents

What actually gets notarized on a will

Worth being precise, because it is widely misunderstood. In Florida a will is witnessed, not notarized. What gets notarized is the self-proving affidavit that usually accompanies it, in which the testator and both witnesses swear to the execution in front of a notary.

That affidavit is what lets the will be admitted to probate without tracking down the witnesses years later. It is a small page that saves a family a great deal of difficulty.

Witnesses, and who cannot be one

Two witnesses, present at the same time, watching the signing and each other. The notary cannot count as one of them.

Florida does allow an interested person to witness a will without voiding it, but it is widely considered a poor idea, because it hands anyone who wants to contest the will an obvious argument. Most estate attorneys insist on disinterested witnesses, and we agree with them.

Tell us who will be there when you book. If you are short, say so early and we will sort it out before the appointment rather than during it.

Trusts, deeds and funding

Signing a trust is only half the job. A trust that has never been funded controls nothing. The deeds transferring property into it, the account retitling, the assignments - that is the part families forget, and it is often the part that needs a notary.

If your attorney has given you a signing checklist, send it over beforehand. We would rather read it the night before than work it out on your dining table.

Where the line is

We cannot tell you whether you need a will or a trust, what it should say, who should be your personal representative, or whether the document in front of you does what you think it does. That is legal advice, and a notary offering it is breaking Florida law.

This is a category where using an attorney genuinely pays for itself. We handle execution properly. They handle whether it says the right thing.