Which Estate Planning Documents Require Notarization in Florida?
Florida has specific execution requirements for estate planning documents, and getting them wrong is not an option. The following documents commonly require notarization:
- Last Will and Testament: Florida requires two witnesses and notarization for a self-proving will under Florida Statute 732.503. Without proper execution, the will may require probate court proceedings to validate.
- Durable Power of Attorney: Under Florida Statute 709.2105, a durable POA must be signed in the presence of two witnesses and notarized to be valid.
- Health Care Surrogate Designation: Requires two witnesses and, in many cases, notarization depending on the facility and healthcare provider.
- Living Will / Advance Directive: Must be signed in the presence of two witnesses. Notarization strengthens the document's enforceability.
- Revocable Living Trust: While the trust itself may not always require notarization, any real property transferred into the trust via deed will.
- Lady Bird Deeds and Quitclaim Deeds: Used frequently in estate planning to transfer property outside of probate and require notarization and recording in the county where the property is located.