Orlando, FL asked in Probate for Florida

Q: Can a "self-proving" will be notarized (by a notary) in a different state?

In Florida, for a will to be "self-proving" the testator & 2 witnesses must sign an affidavit at a notary. The witnesses could live in a different state (vs. the testator).

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1 Lawyer Answer
Mr. Long H. Duong
Mr. Long H. Duong
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: I’m afraid your question(s) aren’t clear. Are you asking if the notary can be licensed in another state?

Generally speaking the affidavit needs to be executed with the testator, witnesses and notary all in the same location and immediately after the Will itself is signed.

For illustrative purposes only, if everyone was sitting together in Alabama, the affidavit and will would be presumably valid.

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