This case involves a Hillsborough County man (the decedent) who died in 2017. Unfortunately, as a result of this confusion a Florida appeals court ultimately declared the will invalid. Bitetzakis, there was apparently some confusion as to whether a will needed to be notarized. In a recent Florida probate case, Bitetzakis v. Wife’s Mistake Leads to Invalidation of Late Husband’s Will A will that includes such a notarized affidavit is referred to as a “self-proving” will, and it eliminates the need for the witnesses to personally appear in probate court should a dispute later arise over the validity of the will. This affidavit is signed by the witnesses, not the testator or testatrix, and simply confirms they witnessed the signing of the will as required by law. Some wills do, however, contain a separate affidavit that does need to be notarized. A will therefore does not need to be notarized in order to be valid. All the witnesses must attest to is that the testator or testatrix (the person making the will) signed the document in their presence and declared it to be their will.Ī question we often get is, “Do I have to notarize my will?” The short answer is “no.” Although other types of estate planning documents are typically notarized, Florida law specifically states wills need to be witnessed as described above. The witnesses are usually disinterested parties–i.e., not individuals who stand to inherit under the will–and they do not necessarily need to know the contents of the document itself. Like most states, Florida law requires a valid last will and testament to be signed in the presence of at least two witnesses, each of whom must also sign the will. Does a Florida Will Need to Be Notarized?
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