Self Proving Affidavits Can Save You Time and Money
A Self-Proving Affidavit attached to your Will or Codicil (an amendment to a Will) could save your2014-07-13 Florida Scenes & Nightime WPB 066.JPG friends and family quite a headache in the future, and even better save them some money. It may sound complicated, but its one additional page to your Will, so before you click away, here are some of the benefits this documents can bring.
A self proving affidavit will save
- Your time,
- Your heirs’ time
- Your heirs’ grief (Probate court can be taxing)
- The size of the inheritance (less will be consumed in administration)
Why?
Well because if you write a will, it must go through probate.
During probate, your executor must “prove” the validity of the will to the probate court.
Proving a will involves convincing the court that the will document really is the will of the person it purports to be.
Methods for proving a will vary, but many courts will require the witness to appear at court, either personally or by sworn statement.
If there is any trouble locating a witness, it could cause problems or delays with probate.
But if you include a self-proving affidavit with your will, it does not need to be proved to the court. The affidavit itself proves the will. This could speed up the probate process – something your loved ones are sure to appreciate.
This type of affidavit is not allowed in all States for example Washington D.C., Maryland, Ohio and Vermont all prohibit self-proving wills. Florida on the other hand expressly allows self-proving affidavits.
All wills and codicils in Florida must conform to Florida Statute 732.502 (available free online at the link provided below) however if a will also conforms with the strict template within Florida Statute 732.503 it can be considered self proving, and avoid costly probate. The affidavit must be filled out in front of a notary and has to have two witnesses signed to the affidavit separately from the will or codicil’s signature block.
Florida law is liberal compared to similar jurisdictions in that it allows wills proved under foreign (other state’s) and former Florida law to be considered self proved under present law as well.