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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2499
Experience:  Helping you with your legal questions.
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I am trying to do Summary Administration. My father passed

Customer Question

I am trying to do Summary Administration. My father passed away in 2014 and we just did a do it yourself will in 2009. They denied the Summary Administration because only 1 witness signed the document in addition to the notary. Can I just have another witness who was there in 2009 sign a document under oath that they witnessed the will? The other notary and other person are not reachable anymore.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.

Unfortunately no. The witness has to sign it in front of the testator: "Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other." 732.502(c) FL Stat. Probate Code.

Customer: replied 1 year ago.
is the best thing to do is make it an intestate will? Everything was left to my mother who is passed away and after that, my two brothers and I and my brothers have both passed away also.
Expert:  Damien Bosco replied 1 year ago.

Since you offered Father's will for probate and it was rejected, and there is no previous properly executed will, then you would proceed as if your Father had no Will. So, since your Mom died after him, technically, she would have most likely inherited something from him.. Therefore, you would have to have two proceedings, one for your Father, and then one for your Mother. Possibly the court clerk can help with a way around this. But you would start with your Father's first. Since you are the only child left, you would have a share, and possibly your brother's children depending on the dates of death.