Florida Self-Proving Will Examples | Wills & Testaments

Understanding Florida Self-Proving Wills

In Florida, a self-proving will simplifies the probate process by affirming the validity of the will without requiring witnesses to testify in court. This legal feature allows the will to be accepted without additional evidence, making it an efficient choice for estate planning. Below are three diverse examples of Florida self-proving wills that illustrate their structure and application.

Example 1: Basic Florida Self-Proving Will

This example represents a straightforward self-proving will for a single individual with direct beneficiaries.

John Doe, residing in Miami, Florida, wishes to ensure his assets are distributed according to his wishes after his passing. He creates the following self-proving will:

I, John Doe, residing at 1234 Ocean Drive, Miami, Florida, declare this to be my last will and testament.

I revoke all prior wills and codicils.

I bequeath all my assets, including my house located at 1234 Ocean Drive, to my daughter, Jane Doe.

In the event that Jane Doe predeceases me, I direct that her share shall go to her children, equally.

I appoint my brother, Mark Doe, as the executor of this will.

Witnesses:
Signed this 1st day of January, 2023, in the presence of the undersigned witnesses:

1. Witness Signature: _______________________ Date: ____________
   Name: Lisa Smith
   Address: 5678 Bay Road, Miami, FL 33101

2. Witness Signature: _______________________ Date: ____________
   Name: David Brown
   Address: 9101 Palm Avenue, Miami, FL 33102

Self-Proving Affidavit:
We, the undersigned, hereby declare that the testator, John Doe, signed this will in our presence and we, in his presence, signed this will as witnesses.

Signatures:
__________________________ _________________________
Witness 1: Lisa Smith Witness 2: David Brown

Notes:

• This will establishes clear beneficiaries and an executor.
• The self-proving affidavit adds legal weight, expediting the probate process.

Example 2: Florida Self-Proving Will with Specific Bequests

This example includes specific bequests for a married couple, showcasing a more complex distribution of assets.

Emily and Thomas Green, married and residing in Orlando, Florida, want to ensure that their children and favorite charities are adequately provided for. They create the following self-proving will:

We, Emily Green and Thomas Green, residing at 4321 Citrus Lane, Orlando, Florida, declare this to be our last will and testament.

We revoke all prior wills and codicils.

1. We give our home located at 4321 Citrus Lane to our son, Michael Green.
2. We bequeath $10,000 each to our daughters, Sarah Green and Laura Green, for their education.
3. We leave $5,000 to the Orlando Animal Shelter to support their initiatives.
4. In the event of our passing simultaneously, we appoint our close friend, Jennifer Lee, as the guardian of our children.

Witnesses:
Signed this 15th day of February, 2023, in the presence of the undersigned witnesses:

1. Witness Signature: _______________________ Date: ____________
   Name: Anna White
   Address: 1234 Maple Street, Orlando, FL 32801

2. Witness Signature: _______________________ Date: ____________
   Name: John Black
   Address: 9876 Oak Avenue, Orlando, FL 32802

Self-Proving Affidavit:
We, the undersigned, hereby declare that the testators, Emily Green and Thomas Green, signed this will in our presence and we, in their presence, signed this will as witnesses.

Signatures:
__________________________ _________________________
Witness 1: Anna White Witness 2: John Black

Notes:

• The will indicates specific monetary bequests and guardianship.
• Including charities in the will can express personal values and intentions.

Example 3: Florida Self-Proving Will for a Business Owner

This example features an entrepreneur who wants to ensure a smooth transition of their business after their passing.

Samantha Lee, a business owner in Tampa, Florida, creates a self-proving will to address both personal and business assets:

I, Samantha Lee, residing at 7890 Business Park, Tampa, Florida, declare this to be my last will and testament.

I revoke all prior wills and codicils.

1. I bequeath my business, Samantha’s Bakery, located at 7890 Business Park, to my partner, Kevin Jones, under the condition that he continues to operate it for at least two years.
2. I leave my personal savings account, valued at $50,000, to my brother, Alex Lee.
3. I request that my funeral expenses be covered by my estate, ensuring minimal burden on my family.

I appoint my sister, Rachel Lee, as the executor of this will.

Witnesses:
Signed this 30th day of March, 2023, in the presence of the undersigned witnesses:

1. Witness Signature: _______________________ Date: ____________
   Name: Chris Green
   Address: 2345 Elm Street, Tampa, FL 33601

2. Witness Signature: _______________________ Date: ____________
   Name: Mia Red
   Address: 6789 Pine Lane, Tampa, FL 33602

Self-Proving Affidavit:
We, the undersigned, hereby declare that the testator, Samantha Lee, signed this will in our presence and we, in her presence, signed this will as witnesses.

Signatures:
__________________________ _________________________
Witness 1: Chris Green Witness 2: Mia Red

Notes:

• This will reflects considerations for both personal and business assets.
• Including conditions for the business transfer can ensure a smooth transition.