Wills in Florida: What to Consider & Why Notarization is Essential

Wills in Florida: What to Consider & Why Notarization is Essential

Planning for the future isn’t always easy, but it is one of the most caring things you can do for your family. A Last Will and Testament ensures your wishes are respected, your loved ones are provided for, and your assets are distributed the way you intend. Without a will, Florida’s intestacy laws determine who inherits your property—which may not align with your wishes.

However, it’s not just about writing a will. The way it is signed, witnessed, and notarized can make all the difference when it comes time for your family to use it.

Key Things to Consider When Creating a Will

1. Beneficiaries
   Decide who will receive your property, savings, and personal belongings. Be as specific as possible to avoid confusion or disputes later.

2. Executor
   Name a responsible person you trust to carry out your wishes, manage your estate, and work with the probate court.

3. Guardianship for Minor Children
   If you have children under 18, your will should name a guardian to care for them. Without this, the court decides who steps into that role.

4. Assets & Debts
   List out your property, accounts, insurance, and investments. Consider debts as well, so your executor understands the full picture.

5. Regular Updates
   Major life events—marriage, divorce, the birth of a child, or even purchasing property—are all good reasons to review and update your will.

Why Notarization is So Important

In Florida, wills must be signed by the testator (the person making the will) in front of two witnesses. But adding a notary makes the will self-proving.

A self-proving affidavit, signed by you, your witnesses, and notarized, allows the probate court to accept the will without having to track down witnesses later to confirm its validity. This step may seem minor, but it:

• Speeds up the probate process.

• Saves your family the stress of proving the will in court.

• Reduces legal expenses.

• Provides peace of mind that your wishes will not be delayed or challenged on technical grounds.

Without notarization, your loved ones may face unnecessary delays and added costs during an already difficult time.

Common Mistakes to Avoid

• DIY Wills Without Proper Execution – Online forms can leave out Florida-specific legal requirements.

• Not Updating the Will – An outdated will can create confusion, especially if circumstances have changed.

• Choosing the Wrong Witnesses – Beneficiaries should not serve as witnesses, or their inheritance may be challenged.

• Skipping Notarization – While technically optional, failing to notarize can complicate probate.

How Blue Note Notary Can Help

At Blue Note Notary, we specialize in making the process smooth and stress-free. As a mobile notary service, we:

• Travel to your home, office, or another convenient location.

• Ensure all legal requirements are met.

• Provide the notarization needed to make your will self-proving.

• Offer professional, courteous service so you can focus on peace of mind.

Frequently Asked Questions

Do all wills in Florida have to be notarized?
No. A will is valid in Florida if it is signed by the testator in front of two witnesses. However, notarization makes the will self-proving, which streamlines the probate process and saves your loved ones time and expense.

What happens if my will isn’t notarized?
The court may require the witnesses to testify to its validity. This can delay the probate process and add stress for your family.

How often should I update my will?
You should review your will every 3–5 years or after major life changes such as marriage, divorce, the birth of a child, or significant financial changes.

Can a notary also serve as a witness?
Yes, in Florida, a notary can serve as one of the two required witnesses, provided they are not a beneficiary of the will.

What is the cost of notarizing a will?
Florida law sets a standard fee for notarial acts, but mobile notary services may charge a travel fee. At Blue Note Notary, we provide transparent, upfront pricing tailored to your location and needs.

✅ Final Thought: Writing a will is one of the most important steps you can take to protect your family. Having it properly signed, witnessed, and notarized ensures your wishes will be honored quickly and without unnecessary complications.

Blue Note Notary is here to help you every step of the way.

⚖️ Disclaimer

This blog is provided for informational purposes only and does not constitute legal advice. For guidance tailored to your personal situation, you should consult with a licensed attorney in the State of Florida.