Tag Archives: broward notary

What is an Apostille or Certificate of Notarial Authority?

An apostille is an International certification attached to documents that have already been signed and notarized by a notary. In Florida, the Division of Corporations issues these certifications.

The Florida Secretary of State is the ONLY competent authority authorized to issue apostille and notarial certifications in the State of Florida.

How to file:

Complete the Department of State’s Apostille and Notarial Certificate Request Form (PDF).
Make sure to include the documents to be authenticated or certified.
Don’t forget to insert a self-addressed stamped envelope with the requestor’s name and address listed as both sender and recipient; OR
A pre-paid, pre-addressed air bill with requestor’s name and address listed as both sender and recipient.
Include payment.

Mail application, documentation, and payment to the Division of Corporations’ Apostille Section.

Get more information from The Florida Department of State here

-or- learn more at the Florida Divisions of Corporations

What is a “Self-proving” Affidavit and Who needs one?

To finalize your Will in Florida, you must sign your will in front of two witnesses, and your witnesses must sign your will.

In Florida, you do not need to notarize your will to make it legal.

However, the release of anything in your estate will be tied-up in probate to determine where you maintained your permanent residence (prior to death) and if you domiciled in Florida or some other state.

If your estate was never probated in the “home state,” then a representative must be appointed a to take the oath of at least one of the original witnesses to the will. In some cases, the persons who witnessed you sign your will may not be reachable, may have died or otherwise cannot be located, which can cause serious delays in the execution of your final wishes.

Click here to get more information on preparing your Last Will & Testament

To avoid this, you can “self-prove” your will.

A Will is “Self-Proved” if there is an Affidavit attached to the Will which essentially says that the Will was signed by the testator in the presence of two witnesses and a notary public. This is referred to as a “Self-Proving Affidavit” with a notary seal/stamp towards the end of the Will.

If the Will is indeed “Self-Proved”, it should be admitted into probate administration without the necessity of any further proof. Neither the witnesses or the notary public need be located for further testimony or confirmation.

Do you need to swear in a witness for a telephonic hearing in Broward County?

Under the “Uniform Rules of Procedure” information of the Florida Administrative Procedures Act, Chapter 120, Florida Statutes, a notary public is able to assist with administering an oath and confirming the identity of a witness for testimonies taken by telephone.

Do you need to swear in a witness for an Administrative Hearing?

Broward Mobile Notary

Call/txt 954-866-5056

Do you need to certify the Contents of a Safe-Deposit Box?

Florida law provides that a financial institution may open a safe-deposit box if the rental fee is past due, providing that proper notice has been made and that certain other conditions are met. A notary public is authorized and required to be present for the opening of the safe-deposit box, to inventory the contents of the vault, and to make an appropriate certificate of the opening. The notary is not required to estimate the value of the contents of the safe-deposit box.

The law authorizing notaries to perform this function became effective on July 3, 1992, and is found in section 655.94(1), Florida Statutes.

Procedure for the Notary Public:

The notary must be present at the time the safe-deposit box is opened and may not be a director, officer, employee, or stockholder of the financial institution. An officer of the institution must also be present with the notary at the opening of the safe-deposit box.

When the safe-deposit box is opened, the notary should inventory the contents of the box and should complete a certificate reciting the name of the lessee, the date of the opening, and a list of the contents. Florida law does not provide a form certificate.

Once the certificate is completed, copies should be made. The notary should place the original certificate in a package with the contents of the safe-deposit box and seal the package. The notary must then write on the outside of the package the name of the lessee and the date of the opening.