Creating a Self-Proving Will in Florida

To get around the judicial procedure of validating a will, the Florida legislature enacted Area 732.503 of the Florida Statutes within the Florida Probate Code. To produce a self-proving will, a testator needs to adhere to the legal requirements to develop a valid will. In addition to signing a will in front of two unbiased witnesses who likewise provide their signatures, a testator will self-prove his will in front of a notary using a statutory recognition kind.

The statutory recognition contains particular language prior to the notary’s attestation stipulation. The testator, his witnesses and the notary must state the instrument as a self-proving will using statutory language. All celebrations need to sign in front of one another, print their names on the self-proving affidavit. The testator’s objective witnesses should swear that they witnessed the testator sign his will, and the testator must swear that his witnesses signed his will in front of him. The testator, the notary and the testator’s witnesses supply these affirmations under oath.
By producing self-proving wills, testators can assist speed up the probate process usually required to confirm their wills. If a custodian or other party sends the self-authenticated will into probate, the probate court will not need to find witnesses to verify it as long as it complies with the Florida Probate Code’s self-authentication statute. Our office can assist you develop a self-proving will to assist you avoid any unneeded delays and expenses.