Online Notarization of Wills, Power of Attorney, Health Care Surrogate, Revocable Living Trust
SUGGESTION: I am asking Governor Ron DeSantis and our elected officials to expedite the implementation of FL. STAT. 732.522 by changing the effective date of the online notarization law from JULY 1, 2020 to EFFECTIVE IMMEDIATELY so that we can notarize the signing of estate planning documents online during quarantine at a time when many people are facing the potential of serious illness or death from COVID-19 #COMMONSENSE
ESTATES AND TRUSTS
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter 1
732.522 Method and place of execution.—For purposes of the execution or filing of an electronic will, the acknowledgment of an electronic will by the testator and the affidavits of witnesses under s. 732.503, or any other instrument under the Florida Probate Code:
(1) Any requirement that an instrument be signed may be satisfied by an electronic signature.
(2) Any requirement that individuals sign an instrument in the presence of one another may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology that meets the requirements of part II of chapter 117 and any rules adopted thereunder, if:
(a) The individuals are supervised by a notary public in accordance with s. 117.285;
(b) The individuals are authenticated and signing as part of an online notarization session in accordance with s. 117.265;
(c) The witness hears the signer make a statement acknowledging that the signer has signed the electronic record; and
(d) The signing and witnessing of the instrument complies with the requirements of s. 117.285.
(3) Except as otherwise provided in this part, all questions as to the force, effect, validity, and interpretation of an electronic will which comply with this section must be determined in the same manner as in the case of a will executed in accordance with s. 732.502.
(4) An instrument that is signed electronically is deemed to be executed in this state if the instrument states that the person creating the instrument intends to execute and understands that he or she is executing the instrument in, and pursuant to the laws of, this state.
History.—s. 33, ch. 2019-71.
1Note.—Effective July 1, 2020.