As an estate planning lawyer in Tallahassee, I see far too many wills created online that fail to include a straightforward tool that can save your family a lot of time, money and headache: a self-proving affidavit. In this post, we'll delve into what a self-proving affidavit is and why every will in Florida should have one.
What is a Self-Proving Affidavit in Florida?
A self-proving affidavit is a legal document that accompanies a will. It is a sworn statement made by the person creating the will (known as the testator) and the witnesses to the will. The primary purpose of this affidavit is to confirm the will's authenticity and verify that it was signed and witnessed under the proper conditions without any undue influence or coercion. Section 732.503 of the Florida Statutes provides an easy-to-utilize statutory form for a self-proving affidavit. This form provides the necessary statements and acknowledgements from the will-maker and the witnesses and requires that all are made under oath in front of a notary.
Why Should Your Will Have a Self-Proving Affidavit?
- Streamlines the Probate Process: A primary advantage is that a self-proving affidavit expedites the probate process. With this document in place, the court can accept the will without contacting the witnesses. This can be especially beneficial if the witnesses have relocated, passed away, or are otherwise unreachable. By simplifying the probate process, you could reduce legal fees and court costs associated with proving the will's validity.
- Certainty and Peace of Mind: Knowing that a self-proving affidavit accompanies your will provides assurance. It minimizes potential disputes or challenges regarding the will's validity, as the affidavit attests to its authenticity. Additionally, in contentious situations where a disgruntled family member might contest the will, having a self-proving affidavit serves as an added layer of protection. It bolsters the will's legitimacy and makes it more challenging to dispute.
While drafting a will is critical in ensuring your assets are handled as you desire, it's equally important to execute your will correctly. It is also a simple step to include a self-proving affidavit to help reinforce its authenticity as a proactive measure to streamline the probate process and provide an added layer of protection for your estate. If you want to create or update your will, consider seeking advice from an experienced Tallahassee estate planning lawyer to help guide you through the nuances of Florida's estate laws.
