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Although outdated in some respects, all Florida notaries should read the entire reference manual and learn it thoroughly.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

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.

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.