Does a Florida will need to be notarized?
The will itself just needs two witnesses. The self-proving affidavit is the part I notarize — and Florida is one of the few states that lets me do it by RON.
A Florida will itself must be signed in the presence of two witnesses (F.S. §732.502) — notarization isn't required for the will to be valid. Most wills also carry a self-proving affidavit (F.S. §732.503), which does require a notary and lets the will skip live witness testimony in probate later. Florida explicitly allows that affidavit, and even the will itself, to be executed by remote online notarization.
What makes a Florida will valid
The testator signs the will at the end (or directs someone else to sign it in their presence), witnessed by two people who sign in the testator's presence and in each other's presence (F.S. §732.502). Florida requires strict compliance with these formalities — missing one can invalidate the entire will, regardless of the testator's intent.
What the self-proving affidavit adds
A self-proving affidavit is a sworn statement, signed by the testator and both witnesses before a notary and attached to the will (F.S. §732.503). It lets the will be admitted to probate without tracking down the witnesses to testify, years later, that they actually saw it signed. This affidavit — not the will's own signature page — is the part that requires a notary.
Electronic wills and RON
Florida is one of a small number of states with a dedicated electronic-wills statute (F.S. §732.522, effective 2020). An electronic will, and its self-proving affidavit, can be signed and witnessed entirely by remote online notarization — the testator and witnesses appear by secure audio-video, authenticated the same way as any other Florida RON session under F.S. §117.265 — provided the finished will is then held by a qualified custodian, a specific electronic-recordkeeping role Florida law requires for e-wills.
I coordinate the notarization and witnessing; the qualified-custodian arrangement is typically set up through your estate-planning attorney or a qualified-custodian platform before the session.
What EMC does not do
I don't draft the will or advise on estate-planning strategy — deciding what the will should say is the unauthorized practice of law for a notary. I confirm identity, coordinate the two witnesses, complete the self-proving affidavit and journal entry, and apply the seal.
I am not an attorney licensed to practice law in the State of Florida, and I may not give legal advice or accept fees for legal advice.
Preparation checklist
- The completed, unsigned will (Florida notaries can't notarize a signature that already happened)
- One current government-issued photo ID matching the will exactly
- Two witnesses lined up, in person or for the live RON session
- For an electronic will, confirm your qualified-custodian arrangement before the session
Frequently asked questions
Does a Florida will need to be notarized to be valid?
No. A Florida will is valid once signed by the testator and two witnesses under F.S. §732.502. Notarization isn't required for the will itself — but nearly every will also carries a self-proving affidavit, which is notarized, and that's what lets it skip live witness testimony in probate.
What is a self-proving affidavit?
A sworn statement from the testator and both witnesses, signed before a notary and attached to the will (F.S. §732.503). It lets the court accept the will without calling the witnesses to testify that they saw it signed.
Can a Florida will be signed and notarized entirely online?
Yes. Florida's electronic-wills statute (F.S. §732.522) allows the will and its self-proving affidavit to be executed by remote online notarization, with the testator and witnesses appearing by secure video. The finished electronic will must then be held by a qualified custodian.
Does EMC draft wills?
No. Drafting a will or advising on its contents is the unauthorized practice of law for a notary. I handle the signing and notarization; an estate-planning attorney handles the drafting.
Can out-of-state family witness the signing remotely?
Yes, as remote witnesses through the same RON session, wherever they're located, as long as the platform and formalities used support it for your document.