Will, Trust and Estate Document Notary in Fort Myers

The self-proving affidavit, and why it is the point

Florida law lets a will be accompanied by a self-proving affidavit: a sworn statement, signed by the testator and both witnesses in front of a notary, confirming the will was properly executed.

With it, the will is admitted to probate on its own terms. Without it, the personal representative may need to locate the original witnesses and obtain sworn testimony — years later, when people have moved, lost capacity or died. Families discover this at the worst possible time.

• Florida wills require two witnesses, present together with the testator
• The self-proving affidavit adds the notary and makes probate straightforward
• Witnesses should be disinterested — not beneficiaries under the will
• Trusts, deeds into trust and healthcare directives have their own formalities

We bring witnesses so the appointment actually happens

The practical obstacle is almost never the notary. It is finding two adults who are not in the will, who are free at the same time, and who are willing to sit down for twenty minutes.

Tell us when you book and we will bring qualified, disinterested witnesses. For an elderly client living alone — which describes a great many of our estate appointments in Fort Myers — this is the difference between the documents being executed and sitting in a drawer unsigned for another year.

A boundary worth stating plainly

We do not draft wills or trusts, we do not tell you how to leave your estate, and we do not review whether your documents accomplish what you want. That is legal work, and a notary doing it in Florida is committing a crime.

What we do is make sure the execution formalities are right, because a beautifully drafted will that was signed with one witness is worth considerably less than a simple one that was signed correctly.