[Minorca]

The will was signed correctly but the notary used an expired stamp. Is ti legal in Florida?

[JudyKayTee]

Is the notary the only witness?

Were there two witnesses PLUS the notary?

- it depends.

[twinkiedooter]

I'd get a new will drawn up and have it properly witnessed by 2 witnesses and a notary with an unexpired commission. I think this would invalidate your present will having the expired notary stamp on it. Also the notary cannot be a witness, they can only attest to the face that Joe Blow signed the will and the other witnesses signed as well.

[Fr_Chuck]

Florida law requires two witnesses, not one ( a notary is just a witness and makes it no "more" legal unless required)

The two witness are required to sign in front of each other.

[twinkiedooter]

No, in Florida to be legal a will must have 2 witnesses and a notary. I used to notarize wills all the time as a paralegal in Florida so I guess I'd know this answer in my sleep. The witnesses must witness the executor's signature, not each other's signature. Ideally everyone must be in the same room at the same time to watch each person signing the will.

[Fr_Chuck]

I will take your word for the notary, I read three FL will web sites and they all call for two witness sign in front of each other, but they did not mention a notary

[AK lawyer]

The will is valid without notarization:

I will take your word for the notary, I read three FL will web sites and they all call for two witness sign in front of each other, but they did not mention a notary

"732.502 Execution of wills.—Every will must be in writing and executed as follows:
(1)(a) Testator's signature.—
1. The testator must sign the will at the end; or
2. The testator's name must be subscribed at the end of the will by some other person in the testator's presence and by the testator's direction.
(b) Witnesses.—The testator's:
1. Signing, or
2. Acknowledgment:
a. That he or she has previously signed the will, or
b. That another person has subscribed the testator's name to it,
must be in the presence of at least two attesting witnesses.
(c) Witnesses' signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.
... "

But, it's not self-proving:

"732.503 Self-proof of will.—(1) A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer's certificate... "

In other words, the witnesses may have to testify in court that, yes, those are their signatures all right, and yes, the testator did sign it, etc.

The problem can be fixed if the witnesses are willing to sign a notarized certificate.