Will you notarize a will that has not been prepared by an attorney?

May 13th, 2018 Comment

Yes, we may notarize a will, whether prepared by an attorney or not, provided the required conditions for a notarization are met.

■ The document signer must be present and competent to execute the document.

■ The signer must produce appropriate identification to the notary public.

■ The document must have a jurat, or the document signer must direct the notary to provide a jurat.  The process involves the testator and witnesses taking an oath and signing an affidavit stating that they signed the will in the presence of each other. The notary is responsible for administering an oath to the testator and the witnesses, and for completing the jurat.  The notary is not responsible, nor required, to make the will self-proving but may add the affidavit and notarial certificate above if requested by the testator. However, the notary may not explain the purpose or effect of the self-proving process.

WITNESSES

The notary does not have the responsibility of furnishing two witnesses for the execution of a self proving will, or any other document.

The affidavit below is the form prescribed in Florida


 

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