(1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof. However, a purportedly self-proved electronic will may be admitted to probate only in the manners prescribed in subsections (2) and (3) if the execution of such electronic will, or the acknowledgment by the testator and the affidavits of the witnesses, involves an online notarization in which there was a substantial failure to comply with the procedures set forth in s. 117.265.
(2) A will may be admitted to probate upon the oath of any attesting witness taken before any circuit judge, commissioner appointed by the court, or clerk.
(3) If it appears to the court that the attesting witnesses cannot be found or that they have become incapacitated after the execution of the will or their testimony cannot be obtained within a reasonable time, a will may be admitted to probate upon the oath of the personal representative nominated by the will as provided in subsection (2), whether or not the nominated personal representative is interested in the estate, or upon the oath of any person having no interest in the estate under the will stating that the person believes the writing exhibited to be the true last will of the decedent.
History.—s. 1, ch. 74-106; s. 51, ch. 75-220; s. 985, ch. 97-102; s. 85, ch. 2001-226; s. 9, ch. 2009-115; s. 38, ch. 2019-71.
Note.—Created from former s. 732.24.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 733 - Probate Code: Administration of Estates
Part II - Commencing Administration (Ss. 733.201-733.213)
733.204 - Probate of a will written in a foreign language.
733.205 - Probate of notarial will.
733.206 - Probate of will of resident after foreign probate.
733.207 - Establishment and probate of lost or destroyed will.
733.208 - Discovery of later will.
733.209 - Estates of missing persons.
733.212 - Notice of administration; filing of objections.
733.2121 - Notice to creditors; filing of claims.
733.2123 - Adjudication before issuance of letters.
733.213 - Probate as prerequisite to judicial construction of will.