The Signing Ceremony: How a Florida Estate Plan Is Signed

The signing ceremony is the meeting where a finished estate plan is signed and witnessed, with a notary for the documents that call for one. Florida sets different formalities for each document: a will needs two attesting witnesses (s. 732.502(1), as of October 2026), a power of attorney needs two witnesses and a notary (s. 709.2105(2)), and a living will needs two witnesses, one of whom is neither a spouse nor a blood relative (s. 765.302(1)). The ceremony is planned so that every document meets its own rule in one sitting.

On this page

• What happens at a Plan Ahead signing
• Signing the will
• The self-proving affidavit and the notary
• The revocable living trust
• Powers of attorney, health care documents and the preneed guardian
• Can a Florida will be signed online?
• After the signing: the originals and keeping the plan current
• Frequently asked questions
• Next step

What happens at a Plan Ahead signing

Plan Ahead’s signings take place in person, at the client’s home or at our Lake Worth Beach office, and the firm provides the two witnesses and the notary. A signing follows the same steps each time:

1. Review. Attorney Erik Newton reviews each document with the signer, with a member of the firm’s staff assisting, so the signer can confirm it says what was agreed.
2. Signing and witnessing. Each document is signed with the formalities Florida law sets for it, with the witnesses and the notary in the room.
3. Copies. You take home a binder with your original signed documents, plus electronic copies. Florida also requires that the named health care surrogate receive an exact copy of the surrogate designation (s. 765.202(1), as of October 2026).
4. Next steps. The meeting ends with what comes after the signing: putting assets into the revocable trust, checking beneficiary designations, and telling the people named in the documents where to find them.
5. Celebration. Finishing an estate plan is a milestone, and many families treat the signing that way.

Signing the will

Florida requires a will to be in writing and signed by the testator at the end, or signed with the testator’s name at the end by another person in the testator’s presence and at the testator’s direction (s. 732.502(1)(a), as of October 2026). The testator signs, or acknowledges an earlier signature, in the presence of at least two attesting witnesses, and the witnesses sign in the presence of the testator and of each other (s. 732.502(1)(b) and (c)). A codicil, which amends a will, is signed with the same formalities (s. 732.502(5)).

Any person competent to be a witness may witness a will, and a will is not invalid because it is signed by an interested witness (s. 732.504).

The self-proving affidavit and the notary

A Florida will can be made self-proved at the signing: the testator acknowledges the will, and the witnesses sign affidavits, before a notary or other officer authorized to administer oaths (s. 732.503(1), as of October 2026). A self-proved will may be admitted to probate without further proof (s. 733.201(1)). Without self-proof, the court can admit the will on the oath of an attesting witness, which can mean finding a witness years later (s. 733.201(2)). That is why a notary takes part in a will signing even though the signing rule for the will itself names witnesses, not a notary.

The revocable living trust

For a settlor domiciled in Florida when the trust is signed, the parts of a revocable trust that dispose of the trust property at or after the settlor’s death, other than to the settlor’s estate, are invalid unless the trust is signed with the formalities required for a will (s. 736.0403(2)(b), as of October 2026). So the trust is signed before two attesting witnesses, like the will (see the Revocable Living Trust guide).

Powers of attorney, health care documents and the preneed guardian

Each of these documents has its own Florida rule (as of October 2026):

• Durable power of attorney: signed by the principal and two subscribing witnesses, and acknowledged before a notary (s. 709.2105(2); see the Durable Power of Attorney guide).
• Health care surrogate designation: signed in the presence of two subscribing adult witnesses; the named surrogate cannot be a witness, and at least one witness is neither the principal’s spouse nor a blood relative (s. 765.202(1) and (2)).
• Living will: signed in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the principal (s. 765.302(1)).
• Declaration of Preneed Guardian: signed in the presence of at least two attesting witnesses present at the same time (s. 744.3045(2)).

Because the rules differ, the order of signing and the choice of witnesses are settled before the meeting.

Can a Florida will be signed online?

Florida allows it, with added safeguards. An electronic signature can satisfy a signing requirement, and witnesses can take part by audio-video technology if a notary supervises them under s. 117.285, the signer and witnesses are authenticated and sign in an online notarization session, and each witness hears the signer acknowledge signing (s. 732.522(1) and (2), as of October 2026). A remote witness must confirm being a resident of, and physically located in, the United States or a U.S. territory (s. 117.285(4)).

For a will, a revocable trust with testamentary aspects, a health care advance directive, an agreement concerning succession or a waiver of spousal rights, or a power of attorney with the banking or investment powers listed in s. 709.2208, extra rules apply when fewer than two witnesses are physically present with the signer (s. 117.285(5)):

• The signer answers screening questions about impairment, disability and help with daily care, and a “yes” to any of them means only witnesses physically present can validly witness the signature (s. 117.285(5)(a) and (b)).
• Witnessing by audio-video is not effective for a signer who is a “vulnerable adult” as defined in s. 415.102 (s. 117.285(5)(g)).
• These extra rules do not apply when at least two witnesses are physically present (s. 117.285(5)(k)).

An electronic will is self-proved if, among other conditions, it designates a qualified custodian, the custodian holds it at all times before it is offered to the court, and the custodian certifies under oath that it has not been altered (s. 732.523). A qualified custodian must be domiciled in and a resident of Florida, or be incorporated, organized or have its principal place of business in Florida (s. 732.524(1)). A purportedly self-proved electronic will whose online notarization substantially failed to follow the procedures in s. 117.265 can be admitted to probate only on the oath of an attesting witness or, if the witnesses cannot be found or testify, the oath of the nominated personal representative or a disinterested person (s. 733.201(1) to (3)).

Plan Ahead’s signings take place in person, at the client’s home or at our Lake Worth Beach office, with two witnesses and a notary provided by the firm. With two witnesses physically present, the screening questions and the vulnerable-adult rule above do not apply (s. 117.285(5)(k)).

After the signing: the originals and keeping the plan current

Whoever holds an original will must deposit it with the clerk of court within 10 days after learning that the testator has died (s. 732.901(1), as of October 2026). The clerk keeps the original will for at least 20 years (s. 732.901(4)). Your signed originals go home with you in your document binder.

A signed plan also needs review as life changes. For example, Florida law voids a will’s provisions for a spouse when the marriage is dissolved, with limited exceptions (s. 732.507(2)).

Frequently asked questions

Does a will have to be notarized in Florida?

The Florida signing rule for a will calls for two attesting witnesses and does not mention a notary (s. 732.502(1), as of October 2026). A notary is part of making the will self-proved, which lets it be admitted to probate without witness testimony (ss. 732.503(1) and 733.201(1)).

Can a beneficiary witness a will in Florida?

A will is not invalid because it is signed by an interested witness (s. 732.504(2), as of October 2026).

What should be brought to the signing?

The notary’s certificate on a self-proved will records whether the testator and each witness is personally known to the notary or produced identification (s. 732.503(1), as of October 2026). Unless the notary personally knows the signer, Florida lets the notary rely on an identification document that is current or was issued within the past 5 years and bears a serial or other identifying number, such as a Florida driver license or identification card, a U.S. passport, or a military identification card (s. 117.05(5)(b)2., as of October 2026).

Can I sign my will online in Florida?

Yes, under the electronic will and remote witnessing rules, with screening questions, a bar on remote witnessing for vulnerable adults, and a qualified custodian for self-proof (ss. 732.522, 117.285(5) and 732.523, as of October 2026). Plan Ahead’s signings take place in person only.

Next step

Plan Ahead’s planning meetings are by Zoom, and signings take place in person, at the client’s home or at our Lake Worth Beach office. Schedule a Peace of Mind Planning Session, or see the other Florida planning documents on the Florida page.

Related reading

• Florida Last Will and Testament: How a Valid Will Works
• Revocable Living Trust in Florida: How It Works Under Florida Law
• Durable Power of Attorney in Florida

This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading it.

First published February 2025