Self-Prove a Florida Will

Self-proving a Florida Will

The probate code allows any Florida Last Will and Testament to be self-proved. 732.503

This provides added authenticity to the Florida Will and makes the probate process easier. Self-proved Florida Wills executed in accordance with the formal requirements may be admitted to probate without further proof.

Here is the section of the Florida Probate Code which provides the relevant self-proving affidavit form:
732.503 Self-proof of will.

(1) A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer’s certificate attached to or following the will, in substantially the following form:
STATE OF FLORIDA
COUNTY OF
I, , declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will.

Testator
We, and , have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator’s will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other.

Witness

Witness
Acknowledged and subscribed before me by the testator, (type or print testator’s name), who is personally known to me or who has produced (state type of identification—see s. 117.05(5)(b)2.) as identification, and sworn to and subscribed before me by the witnesses, (type or print name of first witness) who is personally known to me or who has produced (state type of identification—see s. 117.05(5)(b)2.) as identification and (type or print name of second witness) who is personally known to me or who has produced (state type of identification—see s. 117.05(5)(b)2.) as identification, and subscribed by me in the presence of the testator and the subscribing witnesses, all on (date).
(Signature of Officer)
(Print, type, or stamp commissioned name and affix official seal)
(2) A will or codicil made self-proved under former law, or executed in another state and made self-proved under the laws of that state, shall be considered as self-proved under this section.

You can self-prove a Florida Will at the time of execution or on a subsequent date. This means, if you already have a Last Will and Testament, you don’t need to write a new Will. You can just self-prove your existing Will.


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