To navigate the judicial procedure of authenticating a will, the Florida legislature enacted Section 732.503 of the Florida Statutes within the Florida Probate Code. To produce a self-proving will, a testator needs to abide by the legal requirements to create a legitimate will. In addition to signing a will in front of 2 objective witnesses who likewise provide their signatures, a testator will self-prove his will in front of a notary using a statutory recognition type.
The statutory acknowledgement consists of specific language prior to the notary’s attestation stipulation. The testator, his witnesses and the notary must declare the instrument as a self-proving will utilizing statutory language. All celebrations should sign in front of one another, print their names on the self-proving affidavit. The testator’s objective witnesses must swear that they experienced the testator sign his will, and the testator needs to swear that his witnesses signed his will in front of him. The testator, the notary and the testator’s witnesses provide these affirmations under oath.
By creating self-proving wills, testators can assist accelerate the probate procedure usually needed to verify their wills. If a custodian or other party sends the self-authenticated will into probate, the probate court will not have to find witnesses to confirm it as long as it complies with the Florida Probate Code’s self-authentication statute. Our workplace can help you create a self-proving will to help you avoid any unneeded hold-ups and expenses.