Attestation in Florida Law
Attestation is the formal act of witnessing the execution of a legal document and signing as a witness to verify that the execution occurred properly. In Florida, attestation requirements are strictly enforced for wills, deeds, and other critical instruments.
Will Attestation
Florida Statute Section 732.502 requires every will to be signed by the testator in the presence of two attesting witnesses, who must also sign in the presence of the testator and each other. Failure to comply with these requirements renders the will invalid. Florida does not recognize holographic wills, making proper attestation essential.
Deed and Document Attestation
Florida deeds require two witnesses for recording purposes. While an unwitnessed deed may be valid between the parties, it cannot be recorded in the official records without proper attestation, which compromises the grantee's ability to establish priority against subsequent purchasers.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC