The Short Answer

In Florida probate, you generally do not file a separate “affidavit of subscribing witnesses” if the will is properly self-proved. If the will is not self-proved, Florida law typically requires proof of the will through the oath of an attesting witness (or, in limited situations, another qualified person) as part of getting the will admitted to probate.

Because the “right” proof depends on whether the will is self-proved, whether witnesses are available, and whether the will is being challenged, it’s smart to have a Florida probate attorney handle the filing strategy to avoid delays or rejection by the clerk/court.

What Florida Law Says

Florida distinguishes between (1) a will that is self-proved (which can be admitted without further proof) and (2) a will that is not self-proved (which usually requires testimony or an oath from a witness to establish that the will was properly executed).

The Statute

The primary law governing this issue is Fla. Stat. § 733.201.

This statute establishes that self-proved wills may be admitted to probate without further proof, but if the will is not self-proved, it may be admitted upon the oath of an attesting witness (and if witnesses can’t be found or can’t testify within a reasonable time, the court may allow alternate proof in specific circumstances).

Relatedly, Florida’s self-proof statute explains what makes a will “self-proved” (the testator’s acknowledgment and the witnesses’ affidavits before an authorized officer, with the officer’s certificate attached). See Fla. Stat. § 732.503.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your probate filing is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate filings and objections operate on court-controlled timelines, and delays can create avoidable disputes and expense—especially if witness proof is needed and witnesses are hard to locate.
• Burden of Proof: If the will is not self-proved, you may need sworn proof from a subscribing witness, and the court may scrutinize execution details (who was present, whether signatures were properly witnessed, etc.).
• Exceptions: If witnesses are unavailable, Florida law allows alternate proof only in specific situations, and using the wrong method can lead to rejection or litigation over whether the will should be admitted. See Fla. Stat. § 733.201(3).

Also, your question references North Carolina terminology, but your case is in Florida. Even small terminology and form differences can cause a filing to be rejected or can create problems later if the probate is contested. A Florida probate attorney can confirm whether the will is self-proved, determine what proof the court will accept, and position the case to move efficiently.

If you’re dealing with an unusual will situation, you may also want to read: Can a Lost or Destroyed Will Still Be Probated in Florida?

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.