What is a Self Proving Florida Will?

Posted By on April 1, 2009

A self proved Florida will is a will that is executed by the testator in the presence of two witnesses and a notary public. The witnesses attest to the fact, in an affidavit attached to the will, that they witnessed the testator sign the will. Their signatures are notarized along with the testator. The benefit of having a self proved Florida will, is that when the testator passes away, it will not be necessary to find each witness to prove the will was in fact the decedent’s will and that the decedent signed the document in their presence. It is often difficult to have the witness attest to the will after the testator dies due to witnesses moving away, the witness being incapacitated, or they themselves have died. Most wills prepared by a Florida attorney contain the self proving affidavit. The times when I see that there is no such affidavit attached to the will, is when the decedent prepared the will or he or she has utilized the services of a non-lawyer. In order to save your heirs time and the expense of tracking down witnesses, I highly recommend that your Florida will is self proved.

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