• Our People
  • Testimonials
  • Why Choose Us?
  • FAQs
  • News & Press
  • Contact Us
(561) 210-5500
logo
(561) 210-5500
Menu
  • Florida
    Probate
    • Asset Transfer
    • Estate Administration
    • Estate Planning for Survivors
    • Estate Tax Returns
    • Creditor Claims
    • Designated Beneficiaries
    • Lack of Capacity
    • Trust Administration
    • Undue Influence
  • Counties
    Servicing
  • Ancillary
    Probate
  • Probate
    Litigation
  • Professional
    Executor
  • Wrongful
    Death

Contact Us

Get A 30 minute Free Consultation

Contact Us

FAQs / Wills / Trusts / How Do You Prove A Will?

How Do You Prove A Will?

Authenticating a Will Through Probate

 

Before a Last Will and Testament is admitted to probate, it must be authenticated that the document was executed properly. Florida statute requires:

      • The Will must be signed by the testator at the end
      • The Will must be signed in the presence of two witnesses
      • The witnesses must also sign the document in the presence of each other

What is a Self-Proving Affidavit & Why Do You Need It?

 

The most common way to authenticate a Will is via a self-proving affidavit which is signed at the time of executing the Will.  The self-proving affidavit is a short form that the witnesses sign under oath, confirming that the Will was executed properly.  The affidavit must be notarized since it will be submitted to the probate court in lieu of testimony on behalf of the witness.

 

How To Authenticate a Will When There is No Self-Proving Affidavit

 

The alternative route for authenticating the Will, when there is no self-proving affidavit, is:

        • Tracking down one of the witnesses and take their testimony regarding the execution ceremony
        • The witness will be required to execute an Oath of Witness in front of a probate clerk or judge
        • If the witness cannot travel to Florida to appear in front of a probate clerk, then you can petition for the appointment of a commissioner
        • The commissioner is a notary that has been identified to assist with finalizing the Oath of Witness in lieu of a probate clerk

This method is often required when the witness lives out of state or cannot travel.  If no witnesses can be located, the Florida statute allows the nominated personal representative from the Will to give testimony attesting the purported validity of the document via a Proof of Will.

 

Seek Expert Legal Guidance

 

Proving a Will and navigating the authentication process can be complex, particularly when no self-proving affidavit is available. Contact the Florida Probate Law Firm today for a free consultation with an experienced probate attorney who can help ensure your Will is authenticated efficiently and accurately.

Call us at (954) 833-5639. We are dedicated to providing comprehensive support to simplify the probate process for our clients, ensuring peace of mind and legal compliance.

Photo of Florida Probate Law Firm attorneys Michael and Tommy standing together in a professional setting, showcasing their expertise in probate law.

Wills / Trusts FAQs

  • How Can I Find Out If There Was A Will?
  • Can A Will Be Changed Or Revoked?
  • Can I Specify That Certain People, Like A Brother Or Sister, Should Never Receive Any Of My Property?
  • Can Someone Quit Claim His Property To Me Instead Of Leaving It In His Will?
  • Do I Have To Be In My Home State When I Make My Will?
  • Do Living Trusts Go Through Probate?
  • Does A Trustee Of A Trust Have To Provide An Accounting?
  • Does It Really Take Less Time To Settle An Estate In Which A Revocable Trust Was Used Rather Than Just A Will?
  • Does My Will Have To Be Notarized?
  • How Do You Prove A Will?
  • How Does A Living Trust Avoid Probate?
  • How does a revocable living trust avoid probate?
  • How Long Does It Take to Settle a Trust?
  • How long is a will valid?
  • How often should my will be reviewed?
  • Is a handwritten will valid?
  • My parent died with a will and disinherited me. Can my parent do that in Florida?
  • What are self-proving wills?
  • What are trusts?
  • What benefits does a trust offer?
  • What does died testate vs intestate mean?
  • What does a will usually contain?
  • What does it mean to fund a trust?
  • What happens if we cannot find the decedent’s will?
  • How can someone see the will of a person who has died?
  • What other probate avoiding techniques are there in addition to revocable, aka living, trusts?

Contact Us

Get A 30 minute Free Consultation

Contact Us

Florida Probate

  • Estate Administration
  • Trust Administration
  • Creditor Claims
  • Estate Tax Returns
  • Asset Transfer
  • Estate Planning for Survivors
  • Counties Servicing
  • Ancillary Probate
  • Probate Litigation
  • Professional Executor
  • Wrongful Death
  • Our People
  • Why Choose Us?
  • Testimonials
  • Resources
  • FAQs
  • News & Press

Contact

(561) 210-5500 [email protected]
© 2025. Florida Probate Law Firm | All Rights Reserved | Privacy Policy | Disclaimer | Accessibility
Florida Probate Law Firm
  • Services
    • Florida Probate
      • Asset Transfer
      • Estate Administration
      • Estate Planning for Survivors
      • Creditor Claims
      • Designated Beneficiaries
      • Estate Tax Returns
      • Lack of Capacity
      • Trust Administration
      • Undue Influence
    • Ancillary Probate
    • Probate Litigation
    • Professional Executor
    • Wrongful Death
  • Our People
  • Why Choose Us?
  • News & Press
  • Testimonials
  • Contact Us