Disclaimer: This article is for informational purposes only and is not legal advice. For advice specific to your situation, consult a licensed attorney.
Detailed Answer
When a person dies in Florida, the personal representative (also called executor) must locate and file the decedent’s original will with the probate court. Under Florida law, you have several options depending on whether the will was stored privately or deposited for safekeeping.
1. Locating the Original Will
- Private Storage: Check the decedent’s residence, safe deposit box, or home office for the signed (wet) original document.
- Attorney’s Office: Contact any attorney who drafted the will; they may hold the original or a conformed copy.
- Clerk’s Safekeeping: If the decedent used the clerk’s voluntary will-deposit service, request a copy or the original under Florida Statute 732.502.
2. Submitting the Will to Probate Court
Once located, you must submit the original document with your petition for administration. Follow these steps:
- File a Petition: File a petition for formal administration with the clerk in the county where the decedent resided.
- Deliver the Original: Within 10 days after issuance of letters of administration, deliver the original will to the court as required by Florida Statute 733.301(1)(a).
- Provide Copies: Include several certified copies of the probate order and will for distribution to heirs and interested parties.
- Serve Notice: Serve all required notices to beneficiaries, creditors, and other interested parties following Florida Statute 733.212.
3. If the Original Will Is Missing
If you cannot locate the original, you still may probate a copy. You must:
- File a Motion: File a motion requesting court authorization to admit a copy.
- Prove Lost Will: Show evidence of the will’s existence and that the decedent did not revoke it under Florida Statute 733.209.
- Provide Copy: Attach a certified copy or photocopy of the lost will with your petition.
Helpful Hints
- Start early: Begin searching immediately after the decedent’s death to avoid delays.
- Check All Locations: Safe deposit boxes often require a court order; act quickly to obtain access.
- Keep Records: Document all communication with banks, attorneys, and the clerk’s office.
- Prepare Multiple Copies: Certified copies streamline creditor and beneficiary notifications.
- Consult an Attorney: Complex estates or disputes benefit from professional guidance.