What a Florida Remote Notary Actually Checks Before Notarizing a Trust
A Florida remote notary explains what actually gets checked before notarizing a trust: ID verification, witness rules, and the UPL line I do not cross.
Published 2026-08-04
Verifying who is actually in front of the camera
Before I ever get to the trust language, a remote online notarization (RON) session starts with identity. Florida allows RON under Fla. Stat. ch. 117, Part II (§§117.201-117.305), and that chapter is specific about how identity gets confirmed: credential analysis on a government-issued photo ID plus knowledge-based authentication, all captured on the recorded session.
For a trust signing that usually means the settlor and, if they're signing separately, each trustee. I check the ID against the name on the trust instrument itself. A mismatch (a maiden name, a missing suffix, a name that changed since the trust was drafted) has to be resolved before I notarize anything, not after.
Confirming the trust document says what it needs to say
I am not the one drafting trust terms, but I do look for the handful of things Florida's Trust Code treats as make-or-break for a valid trust (Fla. Stat. §736.0402): a settlor with capacity and intent to create the trust, a definite beneficiary (or a properly stated charitable/purpose trust), duties for the trustee to actually perform, and one rule that trips up more DIY trusts than any other: the same person cannot be the sole trustee and the sole beneficiary.
If the instrument has testamentary aspects (parts of a revocable trust that only take effect at death, standing in for a will), Florida requires those parts to be executed with will formalities, meaning the document is signed at the end and witnessed by two people (Fla. Stat. §736.0403(2)(b)). I confirm those witnesses are lined up before the session starts, because RON handles notarization, not the separate witness requirement.
- Settlor has capacity and clearly intends to create the trust
- A definite beneficiary is named (or the trust is a valid charitable/purpose trust)
- The trustee has real duties spelled out, not a blank role
- Trustee and sole beneficiary are not the same person
- Any will-formality sections have two witnesses lined up in advance
Real property gets its own, separate formalities
A trust that will hold Florida real estate has two extra rules I check for before notarizing the funding documents. First, a trust concerning Florida land has to be declared in writing (Fla. Stat. §689.05). Second, a deed conveying that real property into the trust needs two subscribing witnesses (Fla. Stat. §689.01), the same two-witness rule Florida applies to real estate conveyances generally. Notarization confirms the signer's identity and willingness to sign; it does not substitute for those witnesses, and I flag it immediately if a funding deed shows up without them.
What I will not do
I am a Florida-commissioned notary and a document-automation provider, not an attorney, so I do not draft trust terms, choose which clauses belong in someone's trust, or advise on whether a trust is the right tool for a given estate. That is the unauthorized-practice-of-law line, and I hold it on every session regardless of how straightforward the document looks.
What I can do is confirm the document is complete, confirm the signer is who they say they are, and, where useful, offer a Certification of Trust (Fla. Stat. §736.1017) so a trustee can transact with a bank or title company without handing over the entire trust instrument.
None of this is legal advice. If you need help deciding what should be in your trust, that conversation belongs with a licensed Florida attorney; I handle the notarization and document-prep side once the terms are decided.
Frequently asked questions
Can a Florida remote notary notarize a trust document?
Yes. Trust instruments can be notarized by Remote Online Notarization (RON) under Fla. Stat. ch. 117, Part II, the same identity-verification standard used for any other RON session (credential analysis plus knowledge-based authentication).
Does a trust need witnesses in addition to notarization?
It depends on the document. Testamentary aspects of a revocable trust need two witnesses under will formalities (Fla. Stat. §736.0403(2)(b)), and a deed conveying Florida real property into the trust needs two subscribing witnesses (Fla. Stat. §689.01). The base trust instrument itself generally does not.
Will a notary tell me what should be in my trust?
No. Choosing trust terms is legal advice, and only a licensed attorney can give that. A notary confirms identity and handles the signing/notarization; drafting decisions stay with an attorney.