As an attorney who has drafted and executed hundreds of Florida wills over the past twelve years, I can tell you from first-hand experience that one of the most common regrets clients have after signing their Last Will and Testament is forgetting to attach a properly executed self-proving affidavit for a will. Without it, your loved ones may face unnecessary delays and expense in probate court. Fortunately, Florida law makes it simple and free to fix this with a short witness affidavit for will—commonly called the oath of witness to will Florida form.
In this comprehensive guide, I’ll give you everything you need: the exact Florida-compliant 2025 self-proving affidavit template, step-by-step execution instructions, answers to the questions I’m asked every week in my office, and a free instant-download link at the end.
Florida Statute § 732.503 allows testators (the person making the will) and their two witnesses to sign an additional notarized affidavit at the same time the will is signed. When this self-proving affidavit for a will is attached to the original will, the probate court can accept the will without having to track down and obtain live testimony from the witnesses years later.
In my practice, I’ve seen cases where a witness moved out of state or passed away, turning a simple probate into a six-figure headache. The self-proving affidavit eliminates that risk entirely.
Florida provides two approved forms in § 732.503(1) and (2). Form 1 (separate affidavit) is by far the most commonly used because it can be attached to any existing will—even one you executed years ago.
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STATE OF FLORIDA COUNTY OF ____________________ Before me, the undersigned authority, personally appeared ____________________ (Testator) and ____________________ and ____________________ (Witnesses), who being duly sworn, say: 1. That ____________________ (Testator) declared to us that the foregoing instrument consisting of _____ pages, including this affidavit, is his/her Last Will and Testament and that he/she executed it as his/her free act and deed. 2. That we, at the request of the Testator and in his/her presence and in the presence of each other, signed the same as witnesses on the date that appears above our names. 3. That at the time of execution, the Testator appeared to be of sound mind, over the age of eighteen (18) years, and under no undue influence or constraint. ______________________________ (Testator) ______________________________ (Witness #1) ______________________________ (Witness #2) Sworn to and subscribed before me by ____________________ (Testator) and ____________________ and ____________________ (Witnesses), who are personally known to me or who have produced ____________________ as identification, this _____ day of ____________________, 20_____. ______________________________ Notary Public My Commission Expires: __________ |
Step-by-step instructions I give every client:
Yes! Florida law specifically allows you to execute a separate self-proving affidavit at any time after the will is signed (Fla. Stat. § 732.503). I do this routinely for clients who come in with “DIY” wills from years ago.
In my experience reviewing hundreds of estate files:
| Feature | Form 1 (Separate Affidavit) | Form 2 (Self-Proved Will Clause) |
|---|---|---|
| When to use | Most common; can add to existing will | Must be typed into the will itself before signing |
| Flexibility | High – can execute years later | None – must be done at original signing |
| Length | One extra page | Longer clause inside the will |
Do I need a lawyer to create the self-proving affidavit?
No. Florida explicitly authorizes the statutory forms without attorney involvement.
Can I use an online notary (remote notarization)?
Yes – Florida has allowed Remote Online Notarization (RON) since 2020.
Is the affidavit valid if one witness dies?
Yes – that’s the entire point of making it self-proving.
Do I file the affidavit with the court while I’m alive?
No. Keep it with your original will. It is only presented after death.
Click below to instantly download the exact Form 1 separate affidavit in editable Word and PDF formats, updated for 2025 Florida law:
Download Florida Self-Proving Affidavit (DOCX)
Download Florida Self-Proving Affidavit (PDF)
In more than a decade of practice, I’ve never had a properly executed Florida self-proving affidavit rejected by any probate judge in the state. Taking these few extra minutes while everyone is together can literally save your family tens of thousands of dollars and months of delay.
Important Disclaimer: This article and template are for informational purposes only and do not constitute legal advice. Laws change and individual circumstances vary. Always consult a licensed Florida attorney to ensure your estate plan meets your specific needs.
Sources:
Florida Statutes § 732.503 – Self-proof of will (flsenate.gov)
Florida Statutes § 732.502 – Execution of wills (flsenate.gov)
The Florida Bar – Probate Frequently Asked Questions