Florida Self Proving Electronic Wills and the Qualified Custodian
As technology continues to advance, so does the way we handle legal matters, including estate planning. In Florida, electronic wills have become a popular alternative to traditional paper-based wills. However, to ensure a smooth probate process, it’s crucial to understand that Florida electronic wills are not self-proving unless a qualified custodian of the electronic will is designated in the document.
In this blog, we’ll explain what self-proving wills are, the role of a qualified custodian, and how to make sure your electronic will is self-proving. We’ll also introduce Florida Document Specialists, a trusted qualified custodian of electronic wills in Florida.
What is a Self-Proving Will?
A self-proving will is a legally recognized document that requires minimal additional evidence to be considered valid during the probate process.
The self-proving aspect of a will can save time, reduce costs, and minimize disputes over the validity of the document. In Florida, a traditional paper will becomes self-proving if it includes a self-proving affidavit signed by the testator (the person making the will) and two witnesses, all of whom sign the affidavit in the presence of a notary public.
Electronic Wills in Florida
In 2020, Florida passed the Electronic Wills Act (Florida Statute 732.521-732.529), which allowed for the creation of electronic wills. These digital documents have the same legal standing as traditional paper wills, provided they meet specific requirements, including the presence of an “electronic signature.”
However, an electronic will is not considered self-proving by default, even if it contains a notarized self-proving affidavit and meets all other requirements. Florida Statute 732.523 explains this in detail.
The Role of a Qualified Custodian
For an electronic will to be considered self-proving in Florida, the document must name a qualified custodian. A qualified custodian is a person or business responsible for securely maintaining the electronic will.
Florida’s Electronic Wills Act outlines the key requirements, which include:
Being a Florida resident or a business organized under Florida law.
Having a physical office in Florida to provide custodial services.
Giving the testator and, after death, the testator’s personal representative access to the will.
Using a secure system to store electronic records and protect them from unauthorized access.
Retaining the will in a manner that prevents tampering or unauthorized changes.
Maintaining appropriate safeguards, such as liability insurance, to protect against risks related to electronic storage.
Florida Document Specialists is a qualified custodian of electronic wills in Florida, meeting all the criteria set forth by the Electronic Wills Act. By designating Florida Document Specialists as your qualified custodian, you can ensure that your electronic will is self-proving and safeguarded against potential issues during the probate process.
The Dangers of Attorneys and Online Notaries Not Familiar with the Law
Unfortunately, not all attorneys and online notaries are well-versed in the requirements for self-proving electronic wills in Florida. Some attorneys and online notaries may notarize electronic wills without designating a qualified custodian, which renders the wills not self-proving and potentially defective. This oversight can cause significant issues during the probate process, including delays, increased costs, and disputes among family members. Additionally, a defective electronic will may require the court to admit additional evidence to prove its validity, which could be a time-consuming and costly process.
Avoid Problems
To avoid these problems, it’s essential to work with knowledgeable professionals, such as a well-informed document preparation service and a reputable online notary service, when creating your electronic will. By taking the time to research and choose a qualified custodian like Florida Document Specialists, you can ensure your electronic will is self-proving and compliant with the Electronic Wills Act. This extra effort will ultimately help guarantee a smoother probate process and protect your estate’s assets for your loved ones.
Final Thoughts
To make your electronic will self-proving, ensure that it designates a qualified custodian like Florida Document Specialists, who meets the requirements set forth by the Electronic Wills Act. The document should also include an electronic notarization by a Florida notary public and electronic signatures by the testator and two witnesses. As with traditional wills, all parties must sign in the presence of each other. By taking these steps, you can help guarantee a smooth probate process and protect your estate’s assets for your loved ones.
