Detailed Answer
In Florida, a valid will must be in writing, signed by the testator, and witnessed by two individuals present at the same time. Fla. Stat. §732.502 outlines these execution requirements. If a will lacks witnesses or notarization, you cannot probate it under normal formalities. However, you can still attempt to admit the will by following these steps:
1. Confirm Florida’s Will-Execution Rules
Review Fla. Stat. §732.502 to ensure the document is in writing and signed. Notarization by itself does not satisfy the two-witness requirement but creates a self-proving affidavit under §732.503.
2. Locate the Two Witnesses
Track down the two people who saw the decedent sign the will. Each must sign an affidavit before a notary confirming (1) they witnessed the signature and (2) the decedent appeared of sound mind. Use Florida Probate Form 5.309 (Affidavit of Witness) under Florida Rules of Probate Procedure.
3. File a Petition for Administration
In the circuit court of the county where the decedent lived, file a “Petition for Administration” attaching:
• The original will and codicils
• Witness affidavits
• Death certificate
• List of heirs and beneficiaries
Use Florida Probate Form 5.030(a). The clerk assigns a case number and schedules a hearing if required.
4. Serve Notice and Obtain Letters Testamentary
Serve statutory notices on all interested parties—heirs, beneficiaries, and creditors—per Florida Rule of Probate Procedure 5.070. After any objection period expires, the court issues Letters Testamentary to the personal representative named in the will.
5. Administer the Estate
The personal representative collects assets, pays debts and taxes, and distributes property according to the will. File an inventory (Probate Form 5.630) within 60 days of appointment. Close the estate by submitting a final accounting (Form 5.380) and petition for discharge.
Helpful Hints
- Act promptly. Florida has no strict probate deadline, but delays risk lost evidence or unlocatable witnesses.
- Preserve the original will. Keep it in a secure location until filing.
- Use official Florida Probate Forms available at flcourts.org.
- Maintain clear communication with witnesses to ensure their availability for affidavits or testimony.
- If witnesses are unavailable, consider whether the decedent made any lifetime transfers reflecting their intent. These may affect estate distribution.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.