Legal Question in Wills and Trusts in Florida

Re: Can this will be proven?

Absolutely. See section (3) of the following Florida statute:

The 2003 Florida Statutes

Title XLII - ESTATES AND TRUSTS

Chapter 733 PROBATE CODE ADMINISTRATION OF ESTATES

733.201 Proof of wills.-- (1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof.

(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 incompetent 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.