Yes, a Florida Last Will and Testament (“Will”) may be signed online and electronically by the Testator (male signer) or Testatrix (female signer) from physically anywhere in the world.
When a signer wishes to execute a Will electronically online, there are a few things to consider as follows:
- Attorney Recommendation.
Due to the stringent requirements for an electronically signed Will in the state of Florida, we strongly recommend you consult with the attorney who prepared your estate plan or provide us with your attorney’s contact information so that we may speak with the attorney directly before proceeding with the remote online notarization of the Will.
- Signer Credentials.
Each signer must be a United States Citizen at least 18 years of age with a valid State issued Driver License, Identification Card, or U.S. Passport and access to a Computer, Tablet, or smart phone with audio and video capabilities along with internet access. It is also strongly recommended that each signer has at least 5 years of credit history within the U.S. and a U.S. telephone number to successfully complete the state required Knowledge Based Authentication (“KBA”) identity screening (referenced below).
Furthermore, we use SIGNiX as our audio and visual communication platform. This platform utilizes Zoom and provides the tools required for the remote notarization. We recommend that the signer download the Zoom application to his or her device prior to the appointment, however this is not a requirement.
- Witnesses.
It is our understanding that a Will requires two (2) witnesses and a notary. We can provide a remote witness for an additional $40.00, or you may provide your own remote witness, who is over age 18, a U.S. Citizen and who is not married or related to you for free.
- KBA Identity Screening.
In accordance with Florida Law, each signer, including witnesses, are required to successfully complete a KBA identity screening or similar identity screening prior to signing. This screening includes each signer uploading a picture of their identification, providing your social security number, date of birth, answering 4 security questions in under 2 minutes, and adopting an electronic signature. You may watch a tutorial video for the identity screening at the following link: https://signix-digital-signature.wistia.com/medias/5ix0y5hqz8
- Vulnerable Adult Requirement.
Pursuant to Florida Law, each signer, including witnesses, are required to answer the following questions:
a) Are you under the influence of any drug or alcohol that impairs your ability to make decisions?
b) Do you have any physical or mental condition or long-term disability that impairs your ability to perform the normal activities of daily living?
c) Do you require assistance with daily care?
If the answer is “yes” to any of the following, then the Testator or Testatrix is not eligible for remote notarization.
Moreover, according to Florida Law, the Testator or Testatrix ONLY is required to answer the following questions on the record:
a) Are you currently married? If so, name your spouse.
b) Please state the names of anyone who assisted you in accessing this video conference today.
c) Please state the names of anyone who assisted you in preparing the documents you are signing today.
d) Where are you currently located?
e) Who is in the room with you?
- Recording.
The Will signing along with any questions listed above will be recorded and saved by the Testator or Testatrix’s Qualified Custodian for the lifetime of the Testator and Testatrix and a period of time thereafter.
- Qualified Custodian Designation and Cost.
It is our understanding that an electronically signed Florida Will must have a designated Qualified Custodian to be self-proving in accordance with Florida Statute 732.523. We are eligible to serve as a Qualified Custodian pursuant to Florida Statute 732.524. We charge $500.00 for this service in addition to the remote notarization package fee.
- Remote Notarization Cost.
Estate planning documents are eligible for our Transactional package, which is $274.95.
Please note that I, as the author of this article, am not a licensed attorney and as such cannot offer legal advice. No content of this article/blog post is intended as, nor should it be construed as legal advice.