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.