Having a Last Will and Testament in place before you pass away is important if you have a spouse, children, or other beneficiaries whom you'd like to inherit a portion of your estate. Many people choose to go to an estate planning attorney to help them ensure the legality of their paperwork, but others choose to create a Will on their own. The trickiest part about this is not necessarily the actual creation of the document, but the process of ensuring that it is legally valid.

You might wonder how you can go about making sure that your final wishes will be honored. Should your Last Will and Testament be notarized? What else should you do? Read on to learn about the process for notarizing and self-proving your Will.

What is The Purpose of Notarizing a Will?

Though not required by law, the process of making sure that a court will accept your Will without further evidence of proper execution of the document, is called "self-proving." This helps ensure that the Will is properly executed; it also reduces the risk that the document will be challenged after your death.

One of the steps towards self-proving a Will is to have it notarized in the manner required for self-proof. The testator (that's the person who signs the Will for himself or herself) is responsible for making sure that they sign their document in front of two witnesses and, yes, a notary, in the manner specifically prescribed by law. Once this is done, you can pretty much be assured that the Florida court system will accept the Will at face value without requiring any other proof that the Will was, in fact, properly signed (executed) by you and the witnesses. You can read more about Florida Statute 732.503 that further addresses self-proving a Will here.

The affidavit of proof that the Will is valid is contained in a section of the Will immediately preceding the notary signature and seal; without it, more proof will be needed that the testator and witnesses properly signed the Will. If the Will is not self-proved, then, typically, one of the witnesses will need to provide an oath in front of either a judge or clerk of the court, to prove the Will’s valid execution.

What Are The Steps for Self-Proving a Will?

The steps toward getting your Will self-proved (notarized) are fairly simple, though not nearly as simple as notarizing most legal documents. First, make an appointment with a notary at a time that you and your proposed witnesses (you'll need two of them) are available and will be all together at the same time. Bring your witnesses and your completed (but unsigned) Will to the appointment. Everyone will also need to bring a form of legal identification sufficient for notarization purposes (driver's license, passport, etc..).

First, the notary will make note of the identification of each person and will record the type of ID everyone is using. Then, you will sign your Will in all places required. Once you've indicated that your document is correct and have signed it, your witnesses will each take a turn signing the Will in all places where required.

The notary will ask all of you to take a sworn oath, and, finally, the notary will sign and stamp the document, indicating that the document was “sworn to, and acknowledged by” the testator and both witnesses. 

Of course, most estate planning lawyers will provide the necessary witnesses and notary, and make sure everything is executed properly. Thus, hiring an attorney to handle your estate planning should be the easiest manner of doing this.

What Are The Benefits of Self-Proving a Will?

Having your Will self-proved can make it easier for your beneficiaries to move the Will through the probate process. The court will accept the original Will without any additional proof, saving time, effort, and money. Even a photocopy of your Will is acceptable if self-proved, though one of your witnesses will still have to take an oath before a judge or the clerk of the courts in that instance.

Another benefit is that it's much more difficult to challenge the validity of a Will on its face if it has been properly self-proved. If you have a family member or another individual whom you think might try to challenge the validity of the execution of your Will, making sure that it is self-proved is a good way to minimize the chances of them being successful.

What Are The Ramifications of Not Notarizing a Will?

A Will that has not been self-proved might not stand up in court if someone is trying to challenge the proper execution of it. Also, not having it self-proved can make it more difficult for your beneficiaries or loved ones to get the Will admitted to court. Plus, at least one of the witnesses will need to go down to the courthouse to sign a witness oath, and this can greatly slow down the entire process. It will also likely cause an increase in the expenses and costs to ultimately settle the estate.

Conclusion

Going through the process of ensuring that your Last Will & Testament is valid can be challenging. Consulting with a qualified Florida probate attorney will help you to understand the process for having your Will self-proved and answer any questions you have about the process.

Sources

• http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.503.html

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".