Notarization Requirements

Signer(s) must be in the presence of Notary at the time the signature is notarized. There are no exceptions.

Signer(s) of documents must present a valid form of identification to the Notary, and the Notary must be able to determine — with reasonable certainty — that the person(s) match the presented identification. If this condition cannot be met,  the Notary will not notarize document(s). More on Identification

All documents to be notarized must be complete with no blank lines or spaces for data to be entered at a later date. Any blank lines or spaces will need to be filled in prior to notarization. If this condition cannot be met, the Notary will be unable to notarize the document.

Exception:

Spaces reserved for use by government officials. Some documents include a boxed-off section or separate area of blank spaces marked with a title such as “For Official Use Only,” “Reserved For Recorder Use Only” or some other label indicating it may only be completed by an authorized official.

If any of the documents to be notarized require a witness be present at the time of signing, it is the Signer’s responsibility to facilitate the presence of the witness.

Witnesses must have proper identification with them.

Note: Many hospitals and care facilities do not allow their employees to act as witnesses. If your document needs to be signed/executed in a similar environment and you’re thinking of having a facility employee act as a witness, be sure to check with the facility’s management prior to booking a notarization.

Wills

Florida requires that at least two (2) Witnesses be present at the signing of a will, and that they be present when the Testator signs the will, and that they sign the will as Witnesses. While Florida allows beneficiaries to be Witnesses, it is generally preferable for individuals with no interest in the Will to act as Witnesses, avoiding any claims that a witness exerted influence over the Testator. In general a witness is an additional person who is not a party to the transaction and is present to witness the signing of the specific document.

Two (2) witnesses

NOTE: The Notary cannot act as a Witness on a Self-proving Affidavit for a will, as it is improper for a Notary to notarize his / her own signature. Please check, or have your Attorney check your Will for this type of language:

STATE OF FLORIDA

COUNTY OF  ________________________

I, __________________, declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will.

Testator

We, _______________ and ________________, have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator’s will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other.

Witness

Witness

Acknowledged and subscribed before me by the testator, (type or print testator’s name), who is personally known to me or who has produced (state type of identification—see s. 117.05(5)(b)2.) as identification, and sworn to and subscribed before me by the witnesses, (type or print name of first witness) who is personally known to me or who has produced (state type of identification—see s. 117.05(5)(b)2.) as identification and (type or print name of second witness) who is personally known to me or who has produced (state type of identification—see s. 117.05(5)(b)2.) as identification, and subscribed by me in the presence of the testator and the subscribing witnesses, all on (date).

(Signature of Officer)

(Print, type, or stamp commissioned name and affix official seal)

Quit Claim Deeds

Florida requires that two (2) disinterested Witnesses be present at the signing of Quit Claim Deed. The Notary can act as a Witness as well as notarize the signature.

Two (2) witnesses

Power Of Attorney

Florida requires that two (2) disinterested Witnesses be present at the signing of a Power Of Attorney. The Notary can act as a Witness as well as notarize the signature.

Two (2) witnesses

If you are contacting the Notary on behalf of a Signer with dementia, Alzheimer’s, or a mental health problem, inform the Notary upon making contact.

Florida prohibits a Notary from performing a notarization if a Signer appears unable to understand the nature of the document at the time of notarization. In accordance, the Notary will refuse to notarize if a Signer appears disoriented or under the influence of drugs or medication.

The Notary will ask the signer if they understand the document they are about to sign. If the Signer indicates they understand, then the signing may proceed. If the Signer indicates they don’t understand the document, the Notary may terminate the signing.

A Notary will not notarize a document if they feel that a person is not signing the document of their own free will. If we suspect that a person is being coerced or pressured into signing any document, we will question the signer, in private, regarding this issue and/or not proceed with a notarization of the document.

If the Signer does not speak English and there is no one available to translate a document into a language the signer understands, the Notary is not allowed to notarize the Signer’s signature on a document.

A Signer who has a physical disability or for any reason is unable to make a typical signature may sign a document using their “mark”. The Notary will prepare the signature line before the Signer places their mark.