Simply put, there is no point in going through the effort of preparing a Last Will and Testament if you do so in a manner that is not accepted by the Florida probate court. That is, before you get started, you must do your due diligence in researching things such as who must be present at your will signing (i.e., a notary public and witnesses) and in what format you should create this will document (i.e., typed or handwritten). Without further ado, please read on to discover what happens if you do not get your will notarized in the state of Florida and how a seasoned Broward County wills lawyer at The Probate Lawyers can work to ensure this legal document is valid and enforceable.
What happens if a will is not notarized in the state of Florida?
Contrary to what you may initially assume, Florida estate laws do not mandate that you have your Last Will and Testament document notarized. Even so, it may be for the best to welcome a notary public to your will signing. This is because, if not, the Florida probate court may have to track down the witnesses who were present at your will signing. From here, at least one of your witnesses will be expected to stand before the court, testify on your behalf, and establish your will’s validity.
For one, this may prolong the already extensive probate process overall. But more critically, this may give more time for potentially interested parties to step before the probate court and contest it. This is far more avoidable with a notary public because they are a neutral third party with zero to gain from your will’s outcome. Plus, having a notary public allows you to attach a self-proving affidavit to your will document, further erradicating the potential for a fraud argument.
Is it okay if my will signing is not witnessed in Florida?
As you can guess from the explanation provided above, you are required to have two witnesses present at your will signing in the state of Florida. Also, these two witnesses must provide their signatures at the bottom of this legal document in front of each other and you. To reiterate, witness testimony is often an essential step of the Florida probate process, especially when you did not have your will notarized with a self-proving affidavit.
Without witnesses, your will may be categorized as a holographic will. This type of will is automatically deemed invalid and unenforceable in Florida. This is even regardless of whether you drafted and executed it in a state where holographic wills are accepted, and you later moved residences here. Of note, your will is also classified as a holographic will if you handwrite this legal document rather than typing it out.
Before you start your will preparation, you must seek one of the skilled Butler County estate planning attorneys to stand by your side. Please contact our office, Heritage Elder Law & Estate Planning, LLC, as soon as you are ready.
