Most everyone understands the purpose of a will and why it is critical to have one. The more airtight the document, the better it protects your assets and family.
However, many do not know what is necessary to create a valid and aboveboard will. When creating or updating your will, make sure you understand the legal requirements and how to make it as strong as possible.
Notarization is not required
No law states that you must have your will notarized. Typically, it must be typed and signed by two witnesses in the presence of all parties. Florida law does not recognize handwritten and oral wills.
Benefits of notarization
In relation to estate planning and wills, having the document notarized makes it self-proving. You must sign the will in front of the notary and have the witnesses do so as well. After the signing, the notary will give the document a stamp proving that your will was executed correctly.
The main advantages of notarizing a will revolve around probate. For example, it can prevent drawn-out probate proceedings over who has the right to receive your possessions. With a notarized will, the entire process will likely cost less and conclude quicker, easing matters for your grieving loved ones.
Finding a notary
Consider asking your legal representative about having your will notarized. Law professionals are good sources of information on making a will legally sound. Some attorneys also have notary powers but, if not, they can help you locate one.
It is also advisable to refresh your knowledge of Florida estate planning laws before making irreversible changes to your will.
