What is the process for filing or swearing an Oath of Witness to Will or a Commission to administer an Oath for Administrator or Executor?

An oath of witness to will is prepared by an attorney and is provided to one of the witnesses who signed an original last will and testament when the original cannot be located.  The witness will appear at the clerk's office with the Oath and a copy of the will.  The clerk will swear the witness in attesting that they swear and affirm that it is their signature that appears on the last will and testament. The fee for the Oath is $3.50.  All pleadings (Oath and Copy of Will) are then returned via US mail to the requesting attorney. No documentation is returned to the witness other than the receipt of payment.

A Commission to Administer an Oath for administrator is signed by a Judge, typically from another State, the customer should have a certified copy of the commission along with an Oath. The commission requests the clerk verify the named person's identity and place them under oath as administrator.  The original Oath and certified copy of the commission are then returned via US mail to the requesting attorney or court in which the commission originated.  The Oath fee is $3.50.  No documentation is returned to the named person other than the receipt of payment.

A Commission to Administer an Oath for executor of an will is signed by a Judge, typically from another State, the customer will have a certified copy of the commission along with an Oath.  The original Oath and certified copy of the commission are then returned via US mail to the requesting attorney or court in which the commission originated.  The Oath fee is $3.50.  No documentation is returned to the named person other than the receipt of payment.

When an original commission is entered in an Okaloosa County case, (signed by an Okaloosa County Judge and seeking a witness from another State) the clerk will provide a certified copy to the attorney of record. No other order should be entered in an Okaloosa County case until the Original oath is returned signed from the other State.

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