A Step-by-Step Guide to Filing a Self-Proving Affidavit in Florida

Navigating the process of filing a self-proving affidavit in Florida can feel overwhelming if you’re unfamiliar with the necessary steps. It’s important to ensure all documents are properly completed and all legal requirements are met.

What Is a Self-Proving Affidavit?

A self-proving affidavit is a sworn statement that confirms a will or other testamentary document was signed and witnessed according to Florida’s legal standards. When filed, it allows the will to be admitted to probate without requiring witnesses to appear in court to verify its authenticity.

Why Is Filing a Self-Proving Affidavit Important?

Florida law mandates that a will must be signed by the testator and witnessed by two individuals to be valid in probate court. Without a self-proving affidavit, these witnesses may need to testify in court, which can cause delays and increase costs.

Submitting a self-proving affidavit speeds up the probate process by eliminating the need for witness testimony, saving time and reducing complications for your family.

How to File a Self-Proving Affidavit in Florida: Step-by-Step

Follow these steps to file your affidavit properly. If you need help, consider consulting a qualified attorney or estate planning expert.

Step 1: Gather the Required Documents

Make sure you have the following:

• The original signed will
• Any codicils or amendments
• Statements or acknowledgments from the witnesses

Ensure all documents are intact and complete.

Step 2: Complete the Affidavit

Prepare the self-proving affidavit form with:

• Names and contact information of the witnesses
• Witnesses’ affirmations that they observed the testator signing the will
• Notarized signatures from all witnesses

Be sure the affidavit complies with Florida law.

Step 3: File with Probate Court

Submit the affidavit along with the will to the probate court in the county where the deceased resided. Fees vary by county, so check with the local clerk’s office for the correct amount. Pay the fee and file your documents.

Step 4: Verify Filing

Contact the court clerk to confirm the affidavit has been filed and recorded properly.

What Documents Are Needed to File a Self-Proving Affidavit?

You will need:

1. The deceased’s signed and witnessed will
2. The death certificate of the testator
3. The self-proving affidavit form (obtainable from the clerk’s office)
4. Two witnesses who are not related to the estate or each other

All paperwork must be filled out correctly and notarized.

Important Considerations

If the witnesses are related to the estate or the deceased, the affidavit may not always be necessary, as their court testimony might suffice. However, filing a self-proving affidavit is highly recommended to avoid probate delays.

Why Should You Consult an Attorney?

Probate and affidavit filings can be complex. A knowledgeable attorney can:

• Ensure all paperwork complies with Florida laws
• Guide you on any additional documentation required
• Help you navigate the probate process efficiently

Having legal support can save you time, avoid errors, and protect your family’s interests.

Final Thoughts

Filing a self-proving affidavit in Florida is an important step in ensuring a will is smoothly admitted to probate. By following this guide, you can complete the process correctly and help speed up estate administration.

Need Help Filing a Self-Proving Affidavit in Florida?

The Law Offices of Mary King offer experienced, compassionate assistance with wills, trusts, and probate. Mary King and her team are dedicated to helping you navigate the probate process with confidence.

For expert support filing a self-proving affidavit or managing an estate, call us today at 941-906-7585 or visit our website. We’re here to help honor your loved one’s wishes with care and professionalism.