An individual may incorporate or omit numerous types of legal documents in an estate plan. The process is designed to be customizable. It’s also possible to revise or amend a plan if the need arises, such as adding new beneficiaries to a last will and testament if a marriage or birth takes place in the family. Most testators want to make the probate process as swift and easy as possible for their loved ones. Creating a self-proving will can help.
A self-proving will eliminates the need for witness testimony when a will is admitted to probate. This typically makes probate less time-consuming. To create a self-proving will, the testator (person creating the will) and witnesses must sign an affidavit, which must then be notarized.
What happens if there’s no self-proving will?
If a testator has chosen not to include a self-proving affidavit, then the will must be authenticated before it is admitted to probate. The authentication process requires the witnesses to provide testimony. This is usually accomplished by signing an authentication affidavit.
A self-proving will can also help protect a will from contests. This means that it prevents someone from challenging the validity of the document because it has been notarized and authenticated prior to probate. Anyone with questions or concerns regarding the estate planning process, and particularly a self-proving will, may request a meeting with an experienced Florida estate law attorney for guidance. An attorney can remain on hand to help navigate the entire planning and probate process and can help resolve any legal complications that arise.