Creating a Self-Proving Will in Florida
To get around the judicial procedure of confirming a will, the Florida legislature enacted Area 732.503 of the Florida Statutes within the Florida Probate Code. To create a self-proving will, a testator needs to comply with the legal requirements to produce a valid will. In addition to signing a will in front of two neutral witnesses who likewise provide their signatures, a testator will self-prove his will in front of a notary using a statutory recognition kind.
The testator’s objective witnesses should swear that they witnessed the testator sign his will, and the testator should swear that his witnesses signed his will in front of him. The testator, the notary and the testator’s witnesses offer these affirmations under oath.
By producing self-proving wills, testators can help accelerate the probate procedure typically required to authenticate their wills.