Legal Question in Wills and Trusts in Florida

notary public

If a legitimate notary public signs and seals the signatures of a will does it have to stamped by a court in order to be legal??

Asked on 11/29/06, 8:42 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: notary public

Court approval is not required for a valid will.

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Answered on 11/29/06, 9:36 pm

Frank J. Pyle Probate Attorney Throughout Florida

Re: notary public

Don't pay any attention to David Slater. His answers are universally simplistic and often lead to a misunderstanding of the law. A will is never used until a person dies. At that time, in order to be effective, it must be admitted by the circuit court judge to probate as the decedent's last will and testament. The notarization, if done correctly, only avoids the need for a witness to go to the clerk of court's office to sign an Oath Of Witness.

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Answered on 11/29/06, 11:15 pm

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