Camacho v. Camacho: Lessons From a Florida Will Contest Case
In Camacho v. Camacho, Florida's Third District Court of Appeal affirmed a probate court's decision to revoke a 2010 will because the notary's affidavit failed to comply with Florida Statute §117.05. Without a valid self-proving affidavit, the will's proponent had to prove proper execution through witness testimony, and the only available witness (the drafting attorney) could not reliably recall the signing fifteen years later. The case is a cautionary tale about why notary formalities and witness availability matter enormously in Florida estate planning.
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What Happened in Camacho v. Camacho?
Pedro Camacho appealed a probate court order that revoked a 2010 will executed by his mother, Isabel Camacho (the "Decedent"). The challenge to the will came from the Decedent's grandchildren, Jennifer and Pablo Camacho, who argued the will's execution did not comply with Florida's statutory formalities for wills. The Third DCA agreed with the trial court and affirmed the revocation.
Why the 2010 Florida Will Failed Probate Review
The case turned on two interlocking problems:
Defective Self-Proving Affidavit Under Florida Law
Under Florida Statute § 732.503, a will can be made "self-proving" through a properly executed affidavit. A self-proving affidavit lets the will be admitted to probate without calling the attesting witnesses to testify about its execution — a major procedural convenience. But that affidavit must comply with Florida Statute § 117.05, which governs notary public requirements. In Camacho, the trial court found that the notarization of the Decedent's signature contained several technical violations of the notary statute, rendering the self-proving affidavit non-compliant. The Third DCA reviewed this determination de novo and agreed: the affidavit failed to make the will self-proving.
Lack of Reliable Witness Testimony in a Florida Will Contest
Once the self-proving affidavit was invalid, the burden shifted to Pedro Camacho, the will's proponent, to prove the will's formal execution and attestation under Florida Statute § 733.107(1). The statute reads: "In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation." Pedro relied solely on the testimony of the attorney who drafted the 2010 will — but the will had been signed fifteen years before trial. The attorney's memory of the execution details had faded to the point that the trial court found his testimony unreliable.
Why Witness Credibility Matters in Florida Probate Litigation
The Third DCA emphasized that assessing witness credibility is squarely within the trial court's discretion. Citing Silva v. Silva, 394 So. 3d 1235 (Fla. 3d DCA 2024), the court reiterated that a trial court may reject even uncontradicted testimony when it finds the witness not credible. Quoting Advanzeon Sols., Inc. v. State ex rel. Fla. Dep't of Fin. Servs., 321 So 3d 911 (Fla. 1st DCA 2021): the trial court, as trier of fact, "is entitled to reject even uncontradicted testimony." That is exactly what happened here. With no reliable witness and no valid self-proving affidavit, the proponent could not meet his burden.
Why Camacho v. Camacho Matters for Florida Estate Planning Attorneys
For Florida Estate Planners and Probate Attorneys, Camacho is a sharp reminder that the self-proving affidavit is not a formality to delegate without verification. A small notary mistake — a missing element required by § 117.05 — can unravel an entire estate plan years later when the testator is no longer available to re-execute the document.
For Florida families, if you have a Florida will that was signed many years ago, especially if the witnesses or notary are now unavailable, deceased, or hard to locate, the will may be more vulnerable than it appears. Without a valid self-proving affidavit and without available witnesses, a contested will can fail even when no one disputes that the decedent actually signed it.
For litigators, the case reinforces the deferential standard appellate courts apply to trial court credibility findings. Even where a witness's testimony is uncontradicted, a trial court can reject it, and that determination will generally stand on appeal.
Practical Takeaways for Florida Estate Planning and Probate Cases
Verify Self-Proving Affidavits During Will Execution
Confirm that the notary follows every element of § 117.05, including proper identification language, jurat structure, and seal requirements.
Verify Self-Proving Affidavits During Will Execution
Wills can be contested decades after execution. Documentary proof of compliance is far more reliable than human recall.
Preserve Estate Planning and Execution Records Long-Term
Drafting attorneys should preserve execution records — signed originals, affidavits, witness identification — for the long term.
Periodically Review and Update Older Florida Wills
Florida wills signed many years ago may benefit from re-execution if the notarization or witness situation is questionable.
Understand the Burden of Proof in Florida Will Contests
Without a self-proving will, the proponent must affirmatively prove execution — a heavy burden when time has passed.
If you're dealing with a contested Florida will or concerns about a defective self-proving affidavit, contact our Florida probate attorney today for experienced guidance and strategic representation.
Frequently Asked Questions About Florida Wills, Probate, and Notary Mistakes
What Is a Self-Proving Will in Florida?
A self-proving will in Florida is one accompanied by an affidavit under § 732.503 in which the testator and witnesses swear before a notary that the will was properly executed. This allows the will to be admitted to probate without requiring the witnesses to testify in court.
What Happens if a Florida Will’s Self-Proving Affidavit Is Defective?
If the self-proving affidavit fails to comply with the notary statute (§ 117.05) or § 732.503, the will is not self-proved. The proponent must then prove proper execution through witness testimony under § 733.107(1).
Who Bears the Burden of Proof in a Florida Will Contest?
Under § 733.107(1), Florida Statutes, the proponent of the will bears the burden of establishing prima facie formal execution and attestation when the will's validity is contested.
Can a Florida Trial Court Reject Uncontradicted Witness Testimony?
Yes. As confirmed in Camacho v. Camacho and Advanzeon Sols., Inc. v. State, a Florida trial court, acting as trier of fact, is entitled to reject even uncontradicted testimony when it finds the witness not credible.
What Is the Appellate Standard of Review for Witness Credibility Determinations?
Appellate courts apply a deferential standard and will not disturb a trial court's credibility findings absent an abuse of discretion. De novo review applies only to legal determinations, such as whether an affidavit complies with statutory requirements.
This blog post summarizes a published appellate decision for general educational purposes and does not constitute legal advice. Anyone facing a will contest or estate-planning question in Florida should consult a licensed Florida probate attorney about their specific circumstances.
