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

willTo 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.

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What is a Last Will & Testament and Who needs one?

A will or testament is a legal document by which a person, the testator, expresses his or her wishes as to how his or her property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.

A will may also create a testamentary trust that is effective only after the death of the testator.

The testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death

To help protect your family and your property, you can use a will to:

  • leave your property to someone you love or organizations you care about
  • name a personal guardian to care for your minor children
  • name a trusted person to care for and manage property you leave to your minor children,
  • and also name a personal representative, the person who makes sure that the terms of your will are carried out.

We provide private and confidential service throughout Broward county. We are background screened through the National Notary Association.  We do not give any legal advice or offer any legal representation.  You may want to consult an attorney in some cases. For example, if you think your will might be contested or if you want to disinherit a child or spouse, you should talk with an attorney. We simply professionally prepare your last wishes and notarize your signing.

Don’t let your estate go to probate! Contact our office today and setup your Last Will & testament signing with us at 954-866-5056

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denied notary service

Will your parent be able to sign a Durable Power of Attorney? Notary service will be denied if

broward notary 954-866-5056Notaries have a single obligation to determine whether an individual signing a document is coherent enough to understand the contents of the documents they are signing.  This is the sole purpose of a Notary.

Notary service will be denied if the signer can not answer a few simple questions and is unaware of what they are signing.

Far too often I am scheduled for a notary service call that completely contradicts the purpose of the signing. I do not get paid for my time going to a rehab center to only come to find the signer unable to sign because they have an inability to speak due to a stroke side-effect or unable to comprehend the situation because of a brain injury.

Although I understand the importance and urgency of getting these documents executed to help manage someone’s life affairs after a serious illness, I must deny service to any one I determine can not understand the forms they are signing.

A signer must be able to answer a few questions like….

  • When is your birthdate?
  • What did you eat for dinner last night?
  • What colors are on the American flag?
  • How many letters are in the word CAT?

If a signer can not answer a few simple questions, he surely will not be able to understand the legality of a document.

When scheduling notary service, please evaluate the condition of the signer and pre-determine their abilities to comprehend their meeting with the notary.

Will your parents be able to sign a Durable Power of Attorney in the event they experience a life threatening condition? Usually not.  Schedule your Document signing service today! Click here

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. 
  • The notary should leave the sealed package and a copy of the certificate with the financial institution.

Schedule an appointment to Certify the Contents of a Safe-Deposit Box here. 

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Do you need to notarize your Quitclaim deed in Florida – Call: 954-866-5056

Do you need to notarize a Florida Quitclaim Deed? Our Agents are available to come to your location and provide you with reliable and professional service. Same day appointments available!

Call our office at 954-866-5056 -or- if you need your Quitclaim deed forms prepared, we provide professional document preparation.  Simply submit your information online here. We will prepare (2) original copies completed with your information and bring them to your location in Broward County to be notarized.  

Once you complete this online submission, we will contact you shortly to schedule your notary service, or you may make an appointment online here

Notarize your Durable Powers of Attorney in Broward – Call: 954-866-5056

Do you need to Notarize your Durable Powers of Attorney?

Our Agents are available to come to your location anywhere in Broward county and provide you with reliable and professional service. Same day appointments available!

Call our office at 954-866-5056 -or- if you need your Durable Power of Attorney forms prepared, we provide professional document preparation.

We will prepare (2) original copies completed with your information and bring them to your location in Broward County to be notarized.

make an appointment online here