Most Florida Banks Won't Notarize Wills

TARPON SPRINGS, Fla. - April 22, 2024 - PRLog -- Here are the three most common DIY documents that Form America handles, and Florida specific requirements for notarization :

Florida self-proving will : Finalize with a self proving affidavit, signed by two independent witnesses and sealed by a State certified notary public. Self-proving wills in Florida require this critical step. The original copy is the only valid document.

Florida durable financial power of attorney :  Finalize with a self proving affidavit, signed by two independent witnesses and sealed by a State certified notary public. Self-proving wills in Florida require this critical step. In addition, even though it is not a requirement in Florida, we recommend you file your Florida Durable Financial Power of Attorney with your Florida county land records office (often called a recorder's office or register of deeds).

Florida advance medical directive :  In Florida, your advance medical directive does not require a notary signature to be effective. In addition, copies of the executed advance medical directive have the same effect as the original.

In the state of Florida, notary services are essential for some legal documentation, providing a stamp of authenticity and verification. However, when it comes to wills or other self-proving documents, some Florida banks offering notary services refuse to provide their signature, causing confusion and frustration for many individuals seeking to formalize their estate plans.

The refusal of some Florida banks to notarize wills or self-proving documents often stems from a combination of legal complexities and internal policies aimed at mitigating potential risks and liabilities.

One primary concern for banks is the risk of legal challenges to the validity of a notarized document, particularly when it pertains to matters as sensitive as estate planning. In Florida, the requirements for executing a valid self-proving will are stringent, and any deviation from these requirements could render the document invalid or subject to contestation.

One such requirement is the presence of witnesses during the signing of the will. While notaries can serve as witnesses, their role in this capacity may conflict with their duty to maintain impartiality and prevent conflicts of interest.

Moreover, the responsibilities of a notary extend beyond simply verifying the identity of the signatory. Notaries are also tasked with ensuring that the individual signing the document does so willingly and without duress.

Additionally, banks may have internal policies in place that restrict the types of documents their notaries are authorized to notarize. These policies are often designed to limit the bank's exposure to legal risks and liabilities.

(c) 2024, Form America LLC. For additional information, email help@formamerica.com. We are proudly NOT a law firm. Form America LLC is a member of the Florida Association of Legal Document Preparers.  https://www.formamerica.com