Do Wills Need to Be Notarized in Florida?

This is one of those questions where the technically correct answer surprises people: no, a will doesn’t strictly need to be notarized to be valid in Florida. But before you skip that step entirely, there’s a very good reason most estate planning attorneys recommend it anyway.

The Actual Legal Requirement

Under Florida law, a valid will needs to be:

• In writing
• Signed by the person making the will (the testator)
• Signed by two witnesses, in the testator’s presence and each other’s presence

Notice what’s missing: a notary. Florida’s basic will execution requirements don’t include notarization at all. A will signed correctly with two witnesses is legally valid, full stop.

So Where Does Notarization Come In?

This is where the self-proving affidavit enters the picture — a separate document, attached to the will, where the witnesses swear (in front of a notary) that they watched the will get properly signed. It’s optional. But it solves a real, practical problem.

Without a self-proving affidavit, if the will ever goes through probate, the court may need the actual witnesses to testify — sometimes years later — that they watched the signing happen. Tracking down witnesses after years have passed, or after one has moved away or passed away themselves, can genuinely complicate probate. A self-proving affidavit sidesteps this entirely: the sworn, notarized statement stands in for that testimony.

Notarize Your Self-Proving Affidavit

Why Almost Everyone Gets One Anyway

Given that the self-proving affidavit is quick to execute (it happens right alongside the will signing) and meaningfully simplifies probate down the line, most Florida estate planning attorneys build it into the standard will-signing process as a matter of course. Skipping it saves essentially no time or money upfront, and it can cost your family real hassle later.

What the Appointment Actually Looks Like

1. The will itself is signed by the testator, witnessed by two people
2. The self-proving affidavit is signed by those same two witnesses
3. A notary witnesses the affidavit signing and completes the notarial certificate

This can happen in one sitting — the notary doesn’t need to be present for the will signing itself, only for the affidavit that follows it.

A Word on Drafting the Will

Worth being clear about this: a notary’s role here is limited to witnessing the affidavit signing. Drafting the will itself — deciding how assets are distributed, naming an executor, structuring bequests — is legal work that requires an estate planning attorney. If you don’t have a drafted will yet, that’s the first step, before any notary appointment makes sense.

Where This Fits With Broader Estate Planning

A will is usually just one piece of a larger set of documents — often alongside a durable power of attorney, healthcare surrogate designation, and sometimes a trust. Our post on medical vs financial power of attorney covers two of those companion documents if you’re working through a fuller estate plan.

Getting It Notarized

Once your will and self-proving affidavit are ready, Easy Day Notary can notarize the affidavit in person or, if your witnesses are comfortable with video, through a Remote Online Notary session. Contact us to coordinate timing with your witnesses.

Notarize Your Self-Proving Affidavit