What is a “Self-proving” Affidavit and Who needs one?

willTo finalize your Will in Florida, you must sign your will in front of two witnesses, and your witnesses must sign your will.

In Florida, you do not need to notarize your will to make it legal.

However, the release of anything in your estate will be tied-up in probate to determine where you maintained your permanent residence (prior to death) and if you domiciled in Florida or some other state.

If your estate was never probated in the “home state,” then a representative must be appointed a to take the oath of at least one of the original witnesses to the will. In some cases, the persons who witnessed you sign your will may not be reachable, may have died or otherwise cannot be located, which can cause serious delays in the execution of your final wishes.

Click here to get more information on preparing your Last Will & Testament 

To avoid this, you can “self-prove” your will.

A Will is “Self-Proved” if there is an Affidavit attached to the Will which essentially says that the Will was signed by the testator in the presence of two witnesses and a notary public. This is referred to as a “Self-Proving Affidavit” with a notary seal/stamp towards the end of the Will.

If the Will is indeed “Self-Proved”, it should be admitted into probate administration without the necessity of any further proof. Neither the witnesses or the notary public need be located for further testimony or confirmation.

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2 Responses to What is a “Self-proving” Affidavit and Who needs one?

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