Ask a Lawyer and Get Answers to Your Legal Questions
Hello,Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.
No. Codicils, of course, have the same general requirements of a will in that they must be in writing, properly witnessed, and the testator of sound mind, capable of understanding the instrument he executed.
However, the Self Proving Affidavit makes the Will and a Codicil to a Will easier to probate and remove a witness requirment from the probate process. This part would need to be notarized, but failure to have the Codicil does not make it invalid so long as it is witnessed.
A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer's certificate attached