A Florida self-proving affidavit is a statement that verifies the authenticity of an individual’s last will and testament. The affidavit affirms that the testator (individual who created the will) executed the will voluntarily and that they did so in the presence of two (2) witnesses. Both the testator and attesting witnesses must appear before a notary public and sign before the document can be deemed legally viable. When the testator dies, the affidavit will be presented to the probate court and used as evidence in support of the validity of the will.
Last Will and Testament – Dictates how an individual’s personal belongings, real property, and other assets will be dealt with after they die.
Laws – § 732.503
Signing Requirements – Two (2) witnesses and a notary public.
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I. Florida Notary Location
(1) County. This document will be a notarized declaration therefore, the location where the Notary Public verifies the identity of the Signature Parties will need to be produced at the beginning of this paperwork.
II. Testator Identity
(2) Name Of Testator. The full name of the Testator will be a required entry to the first statement, document the complete name of the Party whose Last Will and Testimony this declaration concerns.
III. Notarized Signature
(3) Testator’s Signature. The Testator must sign his or her name to prove the accuracy of the statement completed above. This production is essential so that the notarization of his or her signature can continue to completion.
IV. Witnesses
(4) First Witness. Naturally, both Witnesses will need to be named in this declaration. Produce the name of the First Witness to the first line in the statement provided.
(5) Second Witness. A separate line has been provided so that the full name of the Second Witness can also be presented.
(6) Signature Of First Witness. Both Witnesses must sign their names after reading the declaration made. Additionally, it is recommended that throughout this document the Witnesses are discussed in the same order they are presented in the statement made. Thus, the First Witness named should sign the first signature line available.
(7) Signature Of Second Witness. The Second Witness named should sign his or her name on the next signature line available.
V. Notary Acknowledgement Of Testator
(8) Physical Presence. If the Testator is physically present at the time of notarization then mark the first checkbox in Notary Acknowledgment, otherwise, leave this checkbox unselected.
(9) Online Notarization. The second checkbox should be chosen only if the notarization process is occurring online or virtually.
(10) Testator Name. Dispense the full name of the Signature Testator to the paragraph discussing his or her identity.
(11) Personally Known. If the Testator is known by face and name to the Notary Public working on this paperwork, select the “Is Personally Known To Me” checkbox from the statement.
(12) Identification Document. If the Notary Public cannot identify the Testator with his or her full name from his or her personal knowledge and has had no real significant contact with the Testator, then the Testator will be required to produce some form of paper identification. In such a case, mark the second checkbox and define the type of paperwork (i.e. a passport or driver’s license) the Testator has shown to support his or her identity.
VI. Notary Acknowledgment Of First Witness
(13) First Witness Name. Document the full name of the First Witness.
(14) Familiarity. If the Notary Public has knowledge of who the First Witness is or can easily identify him or her by face and by name, then select the first checkbox.
(15) Identification Required. If the First Witness is unknown or cannot easily be named by the Notary Public, then select the second checkbox and define the document the First Witness has produced to establish his or her identity.
(16) Physical Presence Of Witness. The type of notarization conducted for the First Witness’s signature should be defined in the Notary Acknowledgment area discussing the Witnesses’ acts of signing. Therefore, select the first checkbox to indicate the First Witness statement has been signed in the presence of the Notary Public. If this is not the case, then leave this checkbox blank.
(17) Online Notarization. If this notarization occurs virtually, then the second checkbox should be selected to indicate that the First Witness signature notarization process was completed online
VII. Notary Acknowledgment Of Second Witness
(18) Name Of Second Witness. The Notary Public must also verify the identity of the Second Signature Witness to the best of his or her ability. To this end, the Second Witness’s full name should be confirmed in the Notary statement provided.
(19) Identity Verification. Establish whether the Second Witness’s identity is proven because the Notary Public knows his or her name (reliably) by marking the first checkbox or selecting the second checkbox to declare that the Second Witness proved his or her identity by submitting his or her ID papers (i.e. Driver’s License). Note that if the second checkbox is chosen, the type of ID the Second Witness has shown will need to be described in the space available.
(20) Type Of Notarization. The manner by which the Second Witness’s signature is notarized will also require discussion. To this end, demonstrate whether the Second Witness signed this document before the Notary Public or if this signature process was completed online by selecting the first or second checkbox displayed (respectively).
(21) Date Of Signatures. The exact date when these Parties have completed their signatures must be provided to complete the statement.
VIII. Notary Testimony
(22) Notary Public Signature. The Notary Public serving this affidavit’s signing must sign his or her name once it has been completed.
(23) Notary Public Printed Name.
(24) Notary Public Seal. The formally issued seal of the Notary Public must be produced on this page by the Notary to complete the declaration process.
