How do I notarize a will?

You should refuse to notarize a will unless it was prepared by an attorney, you are familiar with wills, and the attorney has provided specific instructions. A will that is entirely hand-written by its maker may be a valid "holographic will". However, when a hand-written will is witnessed and/or notarized, this makes it invalid because it is no longer hand-written entirely by the maker.

A proper will made in Florida will have a "Self-proving affidavit" attached, which is a form prescribed by Florida Statute. It requires the notary to take the acknowledgment of the maker of the will (called a "Testator" if male, and a "Testatrix" if female), and to have the two subscribing witnesses swear that the testator/trix executed the will in their presence and identified the instrument as his or her will. "Self-proving affidavits" are only valid if executed at the same time that the testator/trix and witnesses sign the will; therefore the notary would have to be present while all parties sign. The statute also specifically requires that the notary sign and seal the affidavit in the presence of the testator/trix and witnesses, as is required with all acts.

While the "self-proving affidavit" makes the probate process much easier after a person dies, it is not required to make a valid will. According to the Governor's reference manual, you, as a notary, may offer to attach the self-proving affidavit form but you may not explain what it is used for. Since wills are such sensitive documents, you should refer your clients to an attorney if the will is not profesionally drafted.