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No Need to Authenticate a Self-Proving Will

December 26, 2011 by Robert Kulas. Leave a Comment

Section 732.503 of the 2011 Florida Statutes allows residents to create self-proving wills. A self-proving will is one that is self-authenticating. In other words, a Florida probate court will admit a decedent’s will into probate without requiring the testimony of the two independent witnesses who signed the will. Typically, a non-self-authenticating will is subject to the Florida Probate Code’s requirements for authenticating a decedent’s will. The normal probate process a Florida probate court follows after someone files a decedent’s will into probate is to authenticate his will as valid as his last will and testament.

The authentication process requires that the probate court locate the witnesses who signed their signatures attesting to the authentication of a decedent’s will. If the witnesses are not available because they are no longer alive, they have moved and cannot be located, or they are mentally incompetent, a probate court will have to establish authenticity in other ways. Generally, the authentication process can unnecessarily slow down the probate process. By self-proving your will and attaching an affidavit including signatures from two witnesses stating under oath that they personally witnessed you signing your will and including your own signature, it may become unnecessary to prove you validly executed your will. Once a notary includes an attestation clause and notarizes your affidavit, you can self-prove your will, and a probate court will not have to obtain the testimony of your witnesses. Our office can help you prepare the self-proving affidavit.

Filed Under: Estate Planning, Wills and Trusts Tagged With: Estate Planning, wills

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Testimonials

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.
Leo C.
I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.
Joan C.
We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.
L.G.K.
Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.
Krissy L.
Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.
Mildred W.
“Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.”
Janice M

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