What are self-proving wills?

Self-proving Wills are Wills that are executed in conjunction with a self-proving affidavit. This affidavit simply says that during the time of executing the Will, the Will was executed with all the formalities required by law. If you have the self-proving affidavit and the original Will, you do not have to contact the witnesses in order to initiate the probate process. If you seek to initiate the probate process and the decedent’s Will does not have this self-proving affidavit, you must contact the original witnesses in order to obtain their testimony as to the validity of the document.

In Florida, you will be required to obtain an “Oath of Witness” executed in front of a probate clerk or judge. If the witnesses cannot travel to the Florida probate court to execute these documents, there is a procedure for appointing a commissioner to administer the oath in lieu of the probate clerk. If the witnesses cannot be found, Florida statute allows the nominated personal representative to execute a “Proof of Will” in place of the Oath of Witness. Both of these documents attest to the proper execution of the Last Will and Testament.

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