What the rule says
Florida Statutes § 732.503 allows a will to be made self-proved through an affidavit signed by the testator and the witnesses before a notary public. A self-proved will is admitted to probate without requiring the attesting witnesses to testify in court about the execution.
The self-proving affidavit must contain specific recitals required by Florida law:
- The testator's declaration that the document is the testator's will and was signed willingly - The testator's declaration of being eighteen years of age or older, of sound mind, and under no constraint or undue influence - The witnesses' declaration that the testator signed (or acknowledged signing) the will in their presence and that they signed in the testator's presence and in each other's presence - The witnesses' declaration that the testator appeared to be of sound mind and was not under duress, menace, fraud, or undue influence - The notary's certification
The affidavit can be incorporated into the will itself or attached as a separate document. Florida Statutes § 732.503 provides a model form that, when followed, satisfies the statutory requirements.
What probate looks like with and without self-proving
Without a self-proving affidavit, proving a Florida will at probate typically requires:
- The executor to locate at least one of the attesting witnesses - The witness to provide testimony — in person, by deposition, or by sworn statement — confirming that the will was executed in compliance with Florida law - If both witnesses are unavailable, alternative methods of proof, such as testimony from someone familiar with the testator's signature or expert handwriting analysis
With a self-proving affidavit, the probate court treats the notarized recitals as sufficient proof of the will's valid execution. The executor files the will and the affidavit; the court accepts the affidavit as the equivalent of witness testimony; probate proceeds.
The practical difference becomes significant when years or decades pass between will execution and the testator's death. Witnesses may die, become incapacitated, move out of state, or simply be difficult to locate. Without a self-proving affidavit, finding witnesses can delay probate substantially.
When the affidavit can be added
Florida law is flexible about when the self-proving affidavit can be created:
- At execution. The standard practice is to sign the will and the self-proving affidavit at the same time before a notary. This is the cleanest approach and is what Florida estate planners typically do. - After execution. A will executed without a self-proving affidavit can be made self-proved later by having the testator and the original witnesses appear before a notary and sign a self-proving affidavit. The affidavit is then attached to the will. This requires the witnesses to still be available — the same problem that motivates initial self-proving. - Without amending the will. Adding a self-proving affidavit does not modify the will's substantive terms. It is a procedural enhancement that affects only how the will is proved at probate.
A defective self-proving affidavit does not invalidate the will itself. If the affidavit fails to meet § 732.503 requirements (missing recitals, improper notary certification, etc.), the will is still valid if it complies with § 732.502, but the executor must prove the will at probate the traditional way.
What you can do about it
For any new Florida will:
- Execute a self-proving affidavit at the same time as the will. Coordinate the testator, the two witnesses, and a notary so that everyone signs at one appointment. - Use the statutory form or a substantially equivalent affidavit. Florida's model form is sufficient when followed. - Verify the notary's commission. A notary whose commission has expired or who is otherwise not authorized cannot validly notarize the affidavit.
For an existing Florida will without a self-proving affidavit:
- Add an affidavit if witnesses are still available. Have the testator and the original witnesses appear before a notary to sign a self-proving affidavit and attach it to the will. - If witnesses are unavailable, consider re-executing the will. A new will with new witnesses and a new self-proving affidavit is the most reliable resolution.
Remote online notarization is permitted in Florida under specific procedures and may be useful when in-person notarization is impractical, especially for the testator or witnesses with mobility limitations.
Who this affects most
A self-proving affidavit is most consequential for:
- Floridians whose wills will be probated many years after execution - Out-of-state heirs who would otherwise need to coordinate witness testimony in Florida probate court - Estates where the testator outlives one or both witnesses - Snowbirds and seasonal residents whose witnesses may live far from the executor
The self-proving affidavit is one of Florida's most useful estate-planning conveniences. The cost is minimal at execution; the savings at probate are substantial.