A Florida self-proving affidavit is a short sworn statement, signed by you and your two witnesses in front of a notary, that gets attached to your will so the probate court can accept the will later without having to track down and question those witnesses. The form follows the template in Florida Statutes § 732.503, and completing it properly takes the testator, two witnesses, and a notary public gathered in one place or connected through an approved online notarization platform.1Florida Legislature. Florida Code 732.503 – Self-Proof of Will A will without one is still valid; it just takes more work to admit.
What to Have Ready Before You Sign
The form is short, but every field matters. Pull these together before the appointment:
- Full legal names of the testator and both witnesses, spelled exactly as they appear on each person’s government-issued photo ID.
- Current identification for every person appearing before the notary. The ID must be current or issued within the past five years and must carry a serial or identifying number. Florida accepts a Florida driver’s license or state ID card, a U.S. passport, a military ID, a driver’s license from another state or U.S. territory, and a Department of Veterans Affairs ID, among other options listed in § 117.05.2Florida Senate. Florida Code 117.05 – Use of Notary Commission
- The county where the signing takes place and the exact calendar date.
- The original will, which must already satisfy § 732.502: signed by the testator at the end, with two attesting witnesses who watched the testator sign (or heard the testator acknowledge a prior signature) and who then signed in the presence of the testator and each other.3Florida Legislature. Florida Code 732.502 – Execution of Wills
The testator must be at least 18 and of sound mind at signing.4The Florida Bar. Consumer Pamphlet: Do You Have a Will? If either is challenged later, the affidavit alone won’t settle it, but the signatures themselves will not have to be separately proven.
Filling Out the Form
Section 732.503 says the affidavit must be in “substantially the following form,” so it does not have to be word-for-word identical, but it should closely track the statute’s structure and content.1Florida Legislature. Florida Code 732.503 – Self-Proof of Will Most attorneys and reputable form providers use the exact statutory language. The form has three parts.
The heading identifies the state (Florida) and the county of signing. Below it, the testator’s declaration reads: “I, [testator’s name], declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will.” The testator signs directly beneath.
Next is the witnesses’ declaration. Both witnesses are named. The text states that they were sworn by the officer, that the testator declared the document to be the testator’s will and signed it in their presence, and that each witness signed in the presence of the testator and the other witness. Both witnesses sign beneath this section.
Last is the notary’s certificate. The notary fills in the testator’s name and checks a box showing whether the testator appeared by physical presence or online notarization. The notary does the same for each witness: printing or typing each name, checking the identification method (personally known or produced a listed form of ID), and noting whether that witness appeared in person or online. The certificate closes with the date and the notary’s signature and seal.1Florida Legislature. Florida Code 732.503 – Self-Proof of Will
Leave nothing blank. An empty field, even the county line, gives someone a reason to question the affidavit during probate.
Signing with the Notary
The affidavit can be executed at the same time as the will or at any later date while the testator is still alive.1Florida Legislature. Florida Code 732.503 – Self-Proof of Will Doing both in one sitting is far easier. Adding the affidavit later means reassembling witnesses, finding a notary again, and pulling the original will out of storage.
At the signing, the testator signs the affidavit first, then both witnesses. The notary administers an oath to all three, verifies each person’s identity through the ID presented, and then completes and signs the certificate. The notary’s seal must include the words “Notary Public–State of Florida,” along with the notary’s name, commission number, and commission expiration date.2Florida Senate. Florida Code 117.05 – Use of Notary Commission A Florida notary may charge no more than $10 per notarial act for a traditional in-person notarization.5Florida Senate. Florida Code 117.05 – Use of Notary Commission
The Online Notarization Option
Section 732.503 includes checkboxes for online notarization, so everyone does not have to be in the same room.1Florida Legislature. Florida Code 732.503 – Self-Proof of Will The notary and signers communicate through audiovisual technology. The notary still verifies each person’s identity, administers the oath, and affixes the electronic seal. The notary checks the “online notarization” box next to each participant who appeared remotely instead of the “physical presence” box.
Who Can Witness and Who Can Notarize
Florida is lenient on witness eligibility. Any competent person may act as a witness, and a will is not invalidated just because a witness is a beneficiary.6Florida Legislature. Florida Code 732.504 – Who May Witness Even so, picking disinterested witnesses who inherit nothing is the safer choice. An interested witness invites scrutiny the law does not force but also does not prevent.
The rules for the notary are tighter. A Florida notary is prohibited from notarizing a signature for their spouse, son, daughter, mother, or father.7Florida Senate. Florida Code 117.107 – Prohibited Acts A notary also cannot notarize a document in which they have a direct financial or beneficial interest, so a notary named as a beneficiary in the will should not handle the affidavit. Choose a notary with no personal stake in the estate.
Keeping the Affidavit with the Will
The statute requires the notary’s certificate to be “attached to or following the will.”1Florida Legislature. Florida Code 732.503 – Self-Proof of Will In practice, the affidavit is stapled to the last page of the will so the two documents travel together as one package. Do not separate them. A loose affidavit that shows up apart from the will creates questions you went to the trouble of avoiding.
What Probate Looks Like Without One
A will without a self-proving affidavit is still valid; it just takes more work to admit. The court must admit the will based on the oath of at least one attesting witness, taken before a circuit judge, court-appointed commissioner, or the clerk.8Florida Legislature. Florida Code 733.201 – Proof of Wills If the witnesses cannot be found, have become incapacitated, or their testimony cannot be obtained within a reasonable time, the court can accept the oath of the personal representative named in the will, or any disinterested person who believes the document is the testator’s true last will.
That fallback works but adds cost and delay. Locating a witness who moved out of state, arranging testimony, or finding a substitute to swear to the will’s authenticity can stretch a routine filing into weeks of extra effort. The few minutes it takes to complete the affidavit at signing are almost always worth it.