Will Validation & Proving a Florida Will
Admitting a Last Will and Testament to Florida Probate
When a loved one passes away leaving a Last Will and Testament, the document does not automatically carry legal effect. Before a personal representative can be granted authority and before any assets can be distributed, the will must be formally submitted to the Florida circuit court probate division and proven valid under Florida law.
Florida Statutory Requirements for a Valid Will
Under Florida Statute § 732.502, strict execution formalities must be satisfied for a will to be recognized as legally valid:
- In Writing: The will must be in writing (Florida does not recognize oral or holographic handwritten unwitnessed wills).
- Testator's Signature: The person creating the will (testator) must sign at the end or have another person sign their name in their presence and at their direction.
- Two Attesting Witnesses: The signing must take place in the joint presence of at least two competent witnesses, who must also sign in the presence of the testator and each other.
- Testamentary Capacity: The testator must possess sufficient mental capacity to understand the nature of their property, the natural objects of their bounty, and the disposition being made.
Self-Proving Affidavits vs. Proving Unwitnessed Wills
Most modern Florida wills include a Self-Proving Affidavit (Florida Statute § 732.503), signed before a notary public by the testator and witnesses. A self-proving will is admitted to probate without requiring the testimony or depositions of the witnesses.
However, if a will lacks a self-proving clause, or if the original document cannot be located, attorney Cynthia I. Waisman assists personal representatives in locating attesting witnesses, obtaining formal oaths of witness, and petitioning to admit copies of lost or destroyed wills pursuant to Florida Statute § 733.207.
Defending Against Will Challenges
If an interested party or disinherited heir files an objection alleging lack of testamentary capacity, undue influence, or improper execution, we provide vigorous defense in probate court to uphold the testator's genuine intent.
Contact Our Tampa Bay Probate Office
Ensure your loved one’s will is admitted to probate smoothly and without delay. Contact Cynthia I. Waisman, P.A. in Tampa or Clearwater to schedule a consultation.
Speak with an Experienced Florida Probate Attorney
Probate in Florida is rule-driven and time-critical. Attorney Cynthia I. Waisman provides attentive, compassionate legal counsel to resolve estate matters efficiently and protect your interests.
