ARE ELECTRONIC WILLS AND NOTARIES COMING TO FLORIDA?

A will is an important component - typically the centerpiece - of a solid estate plan. And to be valid in Florida, all wills must be properly executed (signed) by the testator. When it comes to preparing a will in the Sunshine State, one of the main requirements is that the signature of the testator must be witnessed by at least two other people. This helps to prevent fraud and reduce the chances of the will's validity being challenged.

Although it's not required by law, having the signatures of the testator and witness notarized creates what's called a "self-proving will”, which can make the probate process considerably easier. The signature requirements and notarial option have been fixtures of Florida probate law for nearly as long as there has been probate law in the state. Lately, though, some Florida lawmakers are wondering if there might not be an easier way.

A bill has been passed that will this summer of 2020 allow for more secure electronic will execution, as well as online notaries. Proponents of the legislation claim that allowing online notarization would make the service more available to Floridians.

Regardless of how wills are executed or notarized, the assistance of an experienced probate attorney will help to ensure that they are valid.

Established in 1991, Rignanese & Associates is available to work with clients on their legal needs. Let us help you save time, trouble and money.

Rignanese & Associates is available to work with clients on their unique situation. Please reach out to us at our headquarters at 141 5th Street NW, Suite 300, Winter Haven, Florida 33881 at 863.294.1114.

On behalf of J. Kelly Kennedy, Attorney/CPA, PLLC, which has been acquired by Rignanese & Associates, PLLC.