Did you know that the person who witnesses your will in West Palm Beach might be on the hook years down the road? Those witnesses (you better have two) are going to have to testify in West Palm Beach probate court that they witnessed you executing that will. Using a self-proving affidavit could get rid of this burden and make probate just a little bit easier. Do you know what a self proving affidavit is? You may be able to add one to your old will today and save everyone some time (and money)!
Probate Witnesses
- Under the Florida Probate Code a valid will needs to have two witnesses attest to the signature.
- How do they do this?
- When someone files your will in the probate court those witnesses will be subpoenaed to appear and testify on the signatures.
- So what happens when the witnesses move across the country (or out of it)?
- This could halt up your will’s probate and could mean that your loved ones wait longer to take under your will.
- This is not going to stop the bills from piling up though.
- That is where the self-proving affidavit comes into play.
Self-Proving Affidavits
- What is a self-proving affidavit?
- This is a little formal section at the end of your will (or an addendum to your will) that the witnesses sign.
- They attest to all of the things that they would normally testify to on the stand in probate court.
- Under Florida law this excuses their attendance in the Court years later.
- Did you know that even if you did not include a self-proving affidavit it is not too late?
- In West Palm Beach a testator may add such an affidavit later, after the execution.
- Did you know that in Florida the signatures on a self-proving affidavit may even serve as substitutes if you did not have witnesses sign the actual will?
- A self-proving affidavit is a great way to streamline your estate plan and to ensure a smooth probate process.
- South Florida residents travel all over the world and you do not want to have to depend on people staying put, witnesses don’t want to come to Court either.
- Experienced Palm Beach probate attorneys are well aware of the benefits of a self-proving affidavit and you may already have one attached to your will.
- Have you checked?
- Did your attorney explain the point of these affidavits to your loved ones?
- Does your personal representative know about your estate plan?