Self-Proving Wills in Florida
FL self-proving will (Section 732.503): includes sworn affidavit signed by testator and 2 witnesses before notary. Eliminates need for witness testimony in probate. Affidavit: testator had capacity, acted voluntarily, witnesses observed signing. Without: witnesses must testify (in person, deposition, or sworn statement). Saves time and money. Affidavit typically on last page of will.
Requirements
- Testator + 2 witnesses sign
- Sworn before notary
- Notary must be disinterested
Benefits
- No witness testimony needed
- Saves time and money
- Streamlines probate
Without Affidavit
- Witnesses must testify
- More expensive, time-consuming
- Still valid, just harder to prove
Related Terms
- Will — Testamentary document
Barnes Walker Estate Planning
Barnes Walker’s attorneys draft self-proving wills in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 732
Governs the execution requirements for valid wills in Florida, intestate succession, the elective share, and the rights of pretermitted spouses and children.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC