Q: Can a notarized will in FL be valid in Puerto Rico?
My Mom is severely ill and she is about to pass away. She has a living will but we aren't sure if it was notarized. If we do that and apostille in FL, can it be valid in Puerto Rico?
A: Very sorry for you situation. You state your mom has a living will. I assume that you mean a last will and testamant. A last will and a living will are two entirely different documents so I will assume you meant last will. A will to be valid in Florida must be in writing and signed by the testator or testatrix in the presence of two witness. A notary is not necessary to make the will valid. However most attorneys add a self proving affidavit to a will at the same time as it is signed as it makes the probate process easier. Good luck.
A:
The question relates to the validity of the document in Puerto Rico.
Apostilles are used, internationally, to prove the authority of a notary public or other official to administer oaths. Puerto Rico is a U.S. possession. Therefore I don't believe an apostille will be necessary there, to prove the authority of the notary to administer an oath in Florida. But it couldn't hurt.
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