Does a Will need to be witnessed and notarized?
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Does a Will need to be witnessed and notarized?
Although my domicile is in FL, I travel full-time for business. I am in the process of writing my Will and realize
that it needs to be witnessed and recommended to be notarized. Does this need to be done in FL or can I
have it witnessed/notarized in any other state? Next, how do I go about filing it once it’s signed?
Asked on December 16, 2018 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, it has to be witnessed to be legal/effective. It should be notarized, since while notarization is not specifically required to enforce a will, it makes enforcing it much easier: if a will is notarized, it is "self proving" and can be submitted without witnesses; but without notarization, the witnesses to signing would have to come to court when the will is probated to testify.
Wills are typically not filed until someone tries to probate it after you pass--usually you just give copies to the executor you name and any key beneficiaries, to make sure the relevant people have it when needed.
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