What Is a Self Proving Affidavit for a Florida Will?
A self proving affidavit is a sworn statement that the testator and the attesting witnesses give before an officer authorized to administer oaths. When attached to a Florida will that was signed with the required formalities, it allows the will to be made self proved at signing or later. A self proved will can usually be admitted to probate without calling the witnesses to testify.
Florida does not require a will to be notarized to be valid. The testator must sign at the end, or another person may sign the testator's name at the end in the testator's presence and at the testator's direction, and at least two attesting witnesses must sign in the presence of the testator and of each other. Those execution rules are separate from self proof.
Self proof is an optional step that can be completed when the will is signed or on a later date. The testator acknowledges the will, and the witnesses swear to the facts of signing, before an officer authorized to administer oaths. The officer's certificate is attached to or follows the will in substantially the form the statute provides, and the acknowledgment may be taken by physical presence or by online notarization when the statutory options are used.
A will or codicil that was made self proved under former Florida law, or that was executed in another state and made self proved under that state's law, is treated as self proved in Florida. Self proof is often what makes probate smoother when witnesses later cannot be located, a topic covered in what happens at probate if the witnesses to a Florida will cannot be found. Notarization rules for wills are summarized in whether notarization is required for a will in Florida.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. A licensed attorney in the relevant jurisdiction should be consulted for advice tailored to specific circumstances.
News
- Brevard County Consent Item F.11: Workforce and Supportive Housing Trust Fund Policy on November 10
- Titusville Ordinance 30-2026: City Council Rehearing on Farm Land Rezoning at 1915 N Singleton Avenue on November 10
- Treasury and IRS Designate Over 6,500 Opportunity Zones Effective January 1, 2027
- Brevard County Consent Item F.24: Agricultural Classification and Use-Based Tax Exemption Renewal Waiver on November 10
- IRS Raises 2027 Estate Tax Exclusion to $15.48 Million and Gift Exclusion to $20,000
- Brevard County Planning and Zoning Board Case 26Z00042: Chamberlan Terrace Rezoning From BU-1 to SR on November 16
- Palm Bay City Council Consent Item 5: Zone A Septic to Sewer Design Contract for Highland Shores Estates on November 5
- DOL Pharmacy Benefit Manager Fee Disclosure Rule Takes Effect January 4, 2027
- North Merritt Island Dependent Special District Board Cases 26SS00011 and 26Z00040: 160 Grant Road Rezoning to Suburban Residential on November 12