Unnotarized will, now what?

What is the name of your state? Florida
I recently wrote about my mother's share property in a mobilehome park...I have since filled out a Summary Administration and Order and took it with all the paperwork to the courthouse. The clerk looked at the will, drawn up in 1976 and told me since it wasn't notarized (why wouldn't the lawyer do it right then?) I have to find the lawyer or the witness to the will and have an Oath to Will drawn up to submit to the judge. I have tried to located the attorney and been unsuccessful (it's been 30 years) and am having the same result with the witness. The clerk indicated that the property could not be transferred without this Oath to Will. I have a buyer for the mobile home and property and this is the only thing holding us up. Is there any recourse to finding some long retired lawyer and (probably) his secretary to settle this matter? I appreciate your input and help.

The clerk may not have known what she was talking about (sometimes they frequently give advice without knowing what the actual law says). You should be consulting with a local probate attorney about this--it would seem that the will does not need to be notarized and you may not need to be searching for these people, who are probably deceased anyway.

This will should probably be accepted by the court.

DANDY DON IN OKLAHOMA ([email protected])

www.prodoc.com/internet-site/florida/forms_lists/fl_probate.pdf

Use a proof of will (witnesses unavailable).

I am NOT vouching for the accuracy of this website.

Is it called a proof of will? My reason for doing all this research is my mom was on Medicaid and that covered most of her bills but, whatever was left has fallen to me and I cannot afford up to $1500.00 for a probate attorney to do what I can do with the resources that have been afforded to me through the Internet and other research. Besides I'm still making payments on land an empty trailer is sitting on. I appreciate the help you've given.