Good Resources for Florida Notaries

Governor's Reference Manual for Notaries

Although outdated in some respects, all Florida notaries should read the entire reference manual and learn it thoroughly. This is the official handbook published by the Governor's office.

PDF Copy of Notary Education Course

This is the complete re-printed text of the online Notary Education Course provided by the Governor's office. Most of the information also appears in the official handbook. (You can officially take the course and get a certificate of completion at http://notaries.dos.state.fl.us/education/. Even experienced notaries would benefit from taking this course if they have not previously done so.)

Loose Certificates

This PDF file contains all notarial certificates you may need.

Fillable Certificates (Oath, Acknowledgment, Attested Copy)

These PDF certificates for oaths, acknowledgments, and attested copies can be completed on your computer, printed out and attached to the document.

Forms

Credible Witness Affidavits

Proof of Will form

Fillable Protest and Notice of Dishonor forms with instructions

Quit Claim Deed form

What is a proof of execution?

The term "proof of execution" refers to an affidavit by a witness that he or she saw somebody sign a certain document. An example would be where a person executes a deed in the presence of two witnesses but dies before he is able to give his acknowledgment before a notary public. Without such notarization, the deed would be ineligible for public recordation. However, one of the subscribing witnesses to the deed may sign an affidavit before a notary public, in which the witness swears that he saw the grantor (person granting the deed) sign the document and that he did so willingly.

In the unlikely event that one of the witnesses to the original deed was a notary, but did not notarize the deed in his notarial capacity, there is nothing to prevent that notary from notarizing the proof of execution given by the other witness. The Courts have actually stated that a deed attested in that manner is "entitled to more credit as a valid and bona fide instrument", because the notary himself has personal knowledge that the grantor signed the deed (Edwards v. Thom, 25 Fla. 222). In this case, the notary could not "go back" and acknowledge the deed because the deceased grantor would have had to be in the notary's physical presence when the notary signed and sealed the acknowledgment.

"Proof of execution" is not to be used for general notarizations, i.e. you may not notarize a signature on a document if the signer is not in your presence, even if another person swears that they saw the person sign the document. When doing a "proof of execution" you are not notarizing the signature of the original signer; you are only notarizing the signature of the witness who is giving the affidavit.

Can I be both a witness and the notary to a deed or other document?

Yes. The Courts upheld in Edwards v. Thom (25 Fla. 222), that being the notary to a transaction does not render you incompetent as a witness. However, if the pre-printed certificate requires the notary to take the acknowledgment of the witnesses or to swear in the witnesses, the notary may not also serve as a witness because this would cause the notary to notarize his own signature, which is prohibited by Florida law. Particularly with last wills and testaments, both the person making the will and the witnesses are sworn by the notary, therefore the notary could not also serve as a witness to a last will and testament.