When dealing with a loved one’s estate in Florida, understanding how to properly “prove” their Will is essential for a smooth probate process. This guide breaks down exactly what you need to know about self-proved Wills versus those requiring additional steps, helping you navigate Florida’s probate court system with confidence.
What Does "Proving" a Will Mean in Florida Probate?
If you’re handling an estate with a Last Will and Testament (a “testate” estate), one of the first challenges you’ll face is proving the Will’s authenticity to the court. This seemingly simple step can become surprisingly complex depending on the Will’s format and where the deceased person lived.
Self-Proved vs. Non-Self-Proved Wills: Critical Differences
As a Florida probate attorney, I typically encounter two distinct types of Wills:
Self-Proved Wills: The Smoother Path
A self-proved Will includes a special affidavit (typically called a “Self-Proving Affidavit”) attached to the document. This affidavit confirms that the Will was properly executed by the will-maker with two witnesses present and officially notarized by a notary public.
How to identify a self-proved Will: Look for a notary seal or stamp near the end of the document. When a Will contains this affidavit, it can be admitted to probate without tracking down witnesses or gathering additional proof – saving significant time and hassle.
Non-Self-Proved Wills: The Complicated Route
Without a self-proving affidavit, the probate process becomes more involved. The next steps depend on whether the deceased person was legally “domiciled” (permanently residing) in Florida or elsewhere.
If the Deceased Was NOT Domiciled in Florida:
Two possible scenarios exist:
- If the estate was already probated in their home state: The Florida court will typically accept an “Order Admitting Will to Probate” (or equivalent document) from that state’s proceedings.
- If the estate wasn’t previously probated: You’ll need to either:
- File a “Petition to Appoint Commissioner” to take the oath of at least one original witness to the Will, or
- Have the personal representative take a similar oath if witnesses cannot be located or have died
If the Deceased WAS Domiciled in Florida:
You must secure an “Oath of Witness” through a formal “proof of will” process. This requires at least one witness to appear before a clerk of court in any Florida county. Once completed, the Will can be admitted to probate (assuming no third-party objections).
Why This Matters: The Value of Proper Will Preparation
The difference between a self-proved Will and one lacking this important affidavit can mean weeks or months of additional work, potentially delayed distributions to beneficiaries, and increased legal expenses.
The takeaway is clear: When creating your own Will, ensure it includes Florida’s self-proving affidavit language. This simple addition will save your family members considerable time, expense, and emotional burden during what is already a challenging time.
Need help navigating Florida’s probate process? Contact our experienced probate attorneys for personalized guidance tailored to your situation.
