Navigating Probate in Florida: Understanding Thresholds and Self-Proving Wills

TAMPA, Fla. - May 3, 2024 - PRLog -- Probate, the legal process of administering a deceased person's estate, can often be complex and daunting. In the state of Florida, understanding the thresholds for probate and the significance of a self-proving will can greatly simplify the process for both the deceased's loved ones and beneficiaries.

Thresholds for Probate in Florida In Florida, the threshold for initiating formal probate proceedings depends on the nature and value of the deceased person's assets. According to Florida Statutes, Chapter 732.011, if the decedent's assets exceed $75,000 in value or if there are any real estate holdings involved, formal probate proceedings are generally required.

Self-Proving Wills in Florida A self-proving will is a type of last will and testament that includes an affidavit signed by witnesses and the testator (the person making the will), affirming the validity of the will. In Florida, a self-proving will is governed by Florida Statutes, Section 732.503, which outlines the requirements for creating a valid self-proving will. To create a self-proving will in Florida, the following steps must be taken:

Execution of the Will: The will must be properly executed in accordance with Florida law, including signatures from the testator and at least two witnesses.

Affidavit of Witnesses: Along with the will, each witness must sign an affidavit affirming that they witnessed the testator sign the will and that they believe the testator to be of sound mind and under no duress.

Notarization: The signatures of the witnesses and the testator on the affidavit must be notarized by a notary public. By including this affidavit at the time of executing the will, the need for witnesses to appear in court to testify to the will's validity can be eliminated. This can greatly simplify the probate process, as it reduces the burden of locating witnesses and proving the authenticity of the will in court.

Impact on Simplifying Probate A properly executed self-proving will can significantly simplify the probate process in Florida. With a self-proving will, the court can accept the will as valid without the need for additional evidence or witness testimony, streamlining the probate proceedings.

[References: Florida Statutes, Chapter 732.011 - https://www.flsenate.gov/Laws/Statutes/2022/732.011 Florida Statutes, Section 732.503 - https://www.flsenate.gov/Laws/Statutes/2022/732.503]

If you are a Florida resident, Form America LLC can help you complete your Self Proving Will using Florida authorized forms at a discount flat rate. Visit http:www.formamerica.com for additional information or contact help@formamerica.com.  If you need legal advice, contact an attorney.  Form America LLC is a member of the Florida Association of Legal Document Preparers.  We're proudly not a law firm.