What happens at probate if the witnesses to a Florida will cannot be found?
A self proved Florida will usually needs no witness testimony. If the witnesses cannot be found, the court may admit the will on the oath of the personal representative.
A will made self proved under section 732.503, Florida Statutes, with a notarized acknowledgment by the testator and affidavits of both witnesses, may be admitted to probate without further proof under section 733.201.
However, a purportedly self proved electronic will must be proved in one of the other ways described here if its online notarization substantially failed to follow section 117.265.
A will that is not self proved may be admitted on the oath of any attesting witness taken before a circuit judge, a commissioner appointed by the court or the clerk.
If the court finds that the witnesses cannot be found, have become incapacitated or cannot testify within a reasonable time, the will may be admitted on the oath of the personal representative named in the will or of a person with no interest in the estate.
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