Informed, compassionate and discreet elder law and estate solutions
The Charles Law Offices
Largo Office Wells Fargo Building
801 West Bay Drive, Suite 518
Largo, FL 33770
Phone: 727-683-1483
Toll Free: 866-499-3322
Clearwater Office Hodusa Towers
28870 U.S. Highway 19 North,
Suite 300
Clearwater, FL 33761
St. Petersburg Office Crossroads Office Center
1700 66th St. N.,
Suite 209
St. Petersburg, FL 33710

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What is a Self-Proving Affidavit?

A self-proving affidavit is a sworn statement, signed by you and your witnesses, that you may add to your will. It serves as a testament to the will’s validity, protecting it from potential challenges in the future. It is not necessary to include this type of affidavit in a will, as the document is still legally binding so long as it is properly written, witnessed and signed, but it can add another means of making the probate process go more smoothly.

Why would you make a self-proving affidavit?

The main reason people attach self-proving affidavits to their will is to prevent others from challenging the will’s validity. During probate, your estate administrator must prove the will is valid to the probate court, which involves demonstrating that the document in question is actually the testator’s true will. Without a self-proving affidavit, your witnesses might need to either personally appear in court or submit sworn statements, and difficulties finding witnesses could cause significant delays.

The self-proving affidavit speeds up the entire process, which your loved ones will certainly appreciate when they are already dealing with a difficult time. The last thing they should have to deal with is unnecessary delays because someone has decided to claim your will was not created in a valid manner.

If you decide to develop a self-proving affidavit, simply ask your estate planning attorney to include one with your will. To learn more about this option, speak with an experienced Florida estate planning attorney at The Charles Law Offices.

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