In executing a Florida Last Will and Testament, can one of the two witnesses also be the notary?

without looking at the will I cannot say for sure, but normally a will requires that the notary notarize the signature of the testatrix and both witnesses, thus the notary cannot notarize their own signature. I suggest that you consult with a probate attorney in your area on this issue, as seeking to invalidate a will is not a simple task and it has deadlines to meet in doing so. Good luck,

I agree with Attorney Williamson's answer. In Florida, for a will to be valid, it must be signed by the testator and 2 witnesses. The notary is not a necessity. If the notary section is the only part at issue, then the will is likely still valid. However, it is always best to have it reviewed by a probate attorney for a more accurate answer.

I agree with my colleagues that have responded. One cannot normally notarize his or her own signature. Having said that, a Will does not need to be notarized to be deemed valid. Please consult an experienced probate attorney as soon as possible to assist you.

The only impediment of the will that can be gleaned from your posting is that the notary's signature was not itself notarized. And it's not really much of an impediment, because it won't impair the validity of the will; rather, it will just require that an affidavit be executed. If the will was prepared by an attorney, it is extremely unlikely that the will was not drafted or executed in accordance with your state's testamentary formalities, and it is even more unlikely that the testator's signature was forged. That still leaves a few possible bases for disqualifying a will, such as lack of testamentary capacity, undue influence, or fraud. Each of those inquiries is fact-dependent. Good luck to you.

I agree with the previous answers. You must have two witnesses. A notary is not required to make a Will valid, but the notary cannot also be one of the witnesses.

I disagree with my colleagues in that I believe a notary can be one of the witnesses as well. This is not ideal and I don't do it in my office; however, early in my career I was visiting another attorney who asked me to be a witness and he was the other witness and the notary. I questioned him later and said he was only notarizing the testator's signature and confirming there were two witnesses. I have probated Wills like this and the court did not seem to question it. I believe it's because the two witnesses were all that were required. It's still, in my experience, inappropriate, but I don't think it invalidates the Will. On the other hand, if either witness has a beneficial interest in the estate it would invalidate the Will.

I agree with the previous answers. For a Will to be legal, the Will must be signed in the presence of two witnesses. The additional signatures are required for the self proving affidavit. The self proving affidavit makes it easier after the death of the Testator to probate the Will. Although you may not notarize your own signature, only the self proving affidavit seems to have an issue. Therefore, from the facts at hand, it appears that the Will in question would be valid. I recommend seeking the advice of a probate attorney to review the specific facts and advise you accordingly.

So here is the situation as I see it: 1. The testator signed the will at the end; 2. The will was then signed by two witnesses; and 3. One of the witnesses then notarized the document. If that is the case then: Yes, the will is valid. It was executed with the needed formalities as specified in Fla. Stat. 732.502. It is not, however, "self-proving" under Fla. Stat. 732.503. It will need to be proved pursuant to Fla. Stat. 733.201, meaning an oath must be given to the clerk of court. Read those statutes, for therein you will find the answers you seek. Now, I do see this a lot and even my own father who has been a probate attorney over 35 years will do this and say--"Well the notary just fails and you'll have to prove up the will." I urge my fellow counsel, DO NOT FALL INTO THIS TRAP. It is illegal to notarize your own signature, you can lose your notary or worse. Either have two distinct witnesses plus a separate notary or leave out the self-proving affidavit altogether.

Per Florida Statute 732.502, the will must be signed by the testator and two witnesses. A notary does not have to be involved. It is best practice to include a self-proving affidavit signed by the testator, both witnesses, and notarized by a notary public, but this affidavit is not a requirement. I suggest you seek the guidance of an experienced Florida probate attorney, and probably one that has experience with probate litigation.