The Importance of Self-Proving your Will -[Show Notes for Episode 3 of TWTP]

Self Proving your Will

There is a misconception that for a will to be properly executed in Florida it must be notarized. In order for a will to be properly executed, you need the testator to sign at the end of the will in the presence of two attesting witnesses who then sign in the presence of each other. A notary is not required.

However, when you probate a will, the will must be authenticated. During this process, the estate must prove that the will is authentic and executed properly. When a will is self-proving, the will is presumed to be authentic and the burden shifts to any opponents of the will to prove otherwise. In addition -and a more common benefit- is that a self proving will removes the need to locate the witnesses when the will is probated.

How to Self Prove a Will

A will must have the following in order for it to be self-proving: 1) the will must be properly executed (testators signature at the end of the will in the presence of two attesting witnesses who then sign in the presence of each other), and 2) a self-proving affidavit that is signed by the testator in the presence of 2 attesting witnesses in the presence of each other AND in the presence of a Florida notary who will notarize the affidavit.

What does any of this mean?

Make sure to discuss self-proving your will with your estate planning attorney. Most attorneys make it a point to include this document in their services anyways, but it doesn't hurt to double check.

Resources: [The following are resources and citations to cases referred to on The Will to Trust Podcast Episode 3. If you would like to learn more about Self Proving, make sure to check out our Resource page!]

1. Wich v. Fleming, 652 S.W.2d 353 (1983)

2. In the Matter of the Estate of Thomas James Klein, No. 17-1876 (Iowa Ct. App. Sept. 12, 2018)

The above information only pertains to Florida state probate law. This article and the information within are not to be considered legal advice. If you need legal advice or believe you may need legal counsel, please contact an attorney licensed in your state. If you live in the state of Florida and require assistance with your estate plan, feel free to contact us using our contact form conveniently located on our website.