Fort Lee, NJ asked in Estate Planning for Florida

Q: Can a Florida Will and Self Authenticating Document need to be notarized in NJ and by a New Jersey notary.

I would like to make will while I am in New Jersey although I am a resident of Florida.

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2 Lawyer Answers
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: Yes you can make a will anywhere you just need to make sure that it is executed as required by Florida law, meaning at least 2 witnesses of legal age that are physically present when you sign and understand you are signing with the intent that it be your will, the self proving attestation also must be in compliance with Florida law meaning not only your signature but that of the witnesses must be notarized and have the required language as in the statute. You can find forms for notarial acknowledgment of Florida wills on internet. Just remember the jurat would need to reflect the state and county where signed, not in Florida

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Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: While your Will would be valid under the "Full Faith and Credit Clause of the U.S. Constitution), as long as it is validly drafted in accordance with New Jersey Law, if you live in Florida and Florida is your state of residence then it would be recommended and wise to have your Will and other estate planning documents drafted in Florida by a Florida Estate Planning Attorney. It would not be wise to have your Will drafted in another state as a Florida resident, each state has varying requirements for a Will, Power of Attorney, Florida Healthcare Surrogate and so forth and it would not be helpful to discover that your estate planning documents drafted in New Jersey would not be applicable as a result of specific Florida Laws (Homestead, Spousal Rights, specific requirments for Power of Attorney documents and so forth). So, to answer your question, while you can have a Will drafted in another state, why would you per the above and it would generally not be recommended.

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