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Hathaway Sprague Law, P.A.
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Kathryn Hathaway is a board-certified consumer bankruptcy attorney with over 30 years of experience. Together with her professional staff, she helps people in Florida’s Panhandle find long term debt relief, develop estate plans that will benefit them and their loved ones, and more.

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GET HELP TODAY

Toll Free :
888-858-5404
Local :
850-391-2884

Hathaway Sprague Law, P.A.
Experienced And Effective

Kathryn Hathaway is a board-certified consumer bankruptcy attorney with over 30 years of experience. Together with her professional staff, she helps people in Florida’s Panhandle find long term debt relief, develop estate plans that will benefit them and their loved ones, and more.

Photo of the legal team at Hathaway Sprague Law, P.A.
GET HELP TODAY

Toll Free :
888-858-5404
Local :
850-391-2884

Hathaway Sprague Law, P.A.
Experienced And Effective

What are the requirements to self-proof an electronic will?

On Behalf of | Aug 23, 2022 | Estate Planning And Probate |

Self-proving a will enables your estate to avoid the process of validation after your death. It can save a lot of time during probate and help move things along, which is always nice for your family.

The Florida Statutes outline the steps you must take to self-proof a will. But you should ensure you understand how to do it for the type of will you created. Electronic wills have special requirements.

Signatures

To self-proof a will in general, you need to have your signature and the signatures of witnesses. With an electronic will, this is the same. The signatures must be a part of the same record as the will, so it is clear they are validating the document and not just attached on as an afterthought. You need to ensure this to avoid potential fraud claims that the signatures are not for the will.

Custodian

Another requirement is that the document needs to state and make clear the custodian. It is essential to ensure the person is qualified to hold this role. The person must be able to keep the document until probate begins. He or she also must be able to swear to the validity and accuracy of the will upon probate.

Alteration

You cannot alter an electronic will after you create it. You would need to destroy it and create a new one to make any changes. The custodian must be involved in the process and be able to swear to the alteration process.

Self-proving a will is beneficial to your heirs, but you must do it exactly as specified under the law or the process will not be valid.

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