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Estate Planning
Estate planning isn't just about documents, it’s about protecting loved ones, honoring final wishes, and ensuring peace of mind. At Sign-A-Doc, we provide notarization services tailored to Florida’s legal requirements, offering expert handling of sensitive estate documents with professionalism and discretion.
Our commissioned notaries are trained to recognize nuanced requirements for estate documents, ensuring every signature is properly acknowledged, witnessed when needed, and compliant with Florida law. We offer private appointment slots to maintain confidentiality.
Estate Planning notarizations can be completed via iPen/In-person or Remote Online Notary in observance of Florida statutes:
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iPen/In-Person: Recommended for all estate documents, especially those requiring witnesses
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RON: Limited availability (POAs and healthcare directives may be eligible if conditions are met)
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Self-Proving Will
A self-proving will is a last will and testament that includes a notarized affidavit signed by the testator (person who creates and signs) and two witnesses. This affidavit confirms that the will was properly executed under Florida law, allowing it to be admitted to probate without requiring the witnesses to testify in court.
To be recognized as a valid testator under Florida law (and most U.S. jurisdictions), the individual must:
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Be at least 18 years old
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Be of sound mind (mentally competent)
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Sign the will voluntarily, without coercion
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Have the will properly witnessed (usually by two disinterested adults)
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The testator can also:
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Name an executor to carry out the will’s instructions
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Appoint a guardian for minor children or dependents
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Create trusts or make specific bequests to individuals or organizations
Notarization Type: In-person notarization with witnesses
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Florida does not require notarization for a will to be valid, but self-proving wills include a notarized affidavit signed by the testator and two witnesses.
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The notary must administer an oath and notarize all three signatures.
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Remote Online Notarization (RON) is not permitted for self-proving wills due to witness presence requirements and statutory limitations
Durable Powers of Attorney
A durable power of attorney is a legal document that authorizes a trusted individual (the agent) to act on behalf of the principal in financial, legal, or personal matters. It remains valid even if the principal becomes incapacitated, provided it includes specific statutory language indicating durability. In Florida, this document must be signed by the principal in the presence of two witnesses and a notary.
Notarization Type: In-person or remote notarization with witnesses
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Must be signed by the principal, witnessed by two individuals, and notarized to be valid under Florida Statutes Chapter 709.
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RON is permitted, but for vulnerable adults (e.g., in care facilities), witnesses must be physically present with the signer.
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If the POA includes “superpowers” (e.g., gifting, trust creation), the principal must initial each power, and witnesses must be physically present—even during RON.
Living Trust Declarations
A living trust declaration (often part of a revocable trust) is a legal document that places assets into a trust for management during the grantor’s lifetime and distribution after death. It helps avoid probate, maintain privacy, and ensure continuity of asset control if the grantor becomes incapacitated.
Notarization Type: Notarization is optional but recommended
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Florida does not require notarization for a trust to be valid, but it’s strongly advised to prevent disputes and ensure smooth administration.
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If the trust includes testamentary aspects (e.g., asset distribution after death), it must be executed with the same formalities as a will—i.e., two witnesses and ideally notarized.
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RON is allowed, but best practice is in-person notarization for trusts involving real property or complex estate planning
Guardianship Appointment
A guardianship appointment is a court-supervised legal process in which a guardian is designated to make personal and/or financial decisions for a minor or an incapacitated adult. Florida law requires a formal petition, medical evaluations, and judicial oversight to ensure the guardian acts in the ward’s best interest.
Notarization Type: Court-supervised; notarization required for certain filings
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Guardianship is a judicial process, and documents like the Application for Appointment, Letters of Guardianship, and Annual Reports often require in-person notarization.
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RON may be used for some filings, but due to court oversight and identity verification requirements, in-person notarization is typically preferred.
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Guardians must also undergo background checks, and some forms (e.g., DCF releases) may require notarization
Beneficiary Designation Forms
These forms specify who will receive assets like life insurance, retirement accounts, or payable-on-death bank accounts. Notarization may be required by financial institutions to verify identity and prevent fraud.
Can be notarized via RON or in person. Check with your legal professional for advice.
Have a Question?
Call us Toll Free: +1-833-399-7446 or complete the form below for more information.
Important Legal Disclaimer!
Sign-A-Doc Notary Services provides notarial services only. We are not lawyers, do not practice law, and are prohibited from giving legal advice, drafting legal documents, or selecting the form of notarization for your specific transaction.