Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Discovering a will decades after it was signed raises unique challenges in Florida. You can still probate it, but you must prove its validity, locate interested parties, and follow statutory procedures. Here’s how:

1. Confirm the Will’s Authenticity

Locate the original document. Florida law requires the original will for probate (Fla. Stat. §Â 733.201 link).
Check formalities. A valid will in Florida must be signed by the testator and witnessed by two individuals present at the same time (Fla. Stat. §Â 733.207 link).
If witnesses are deceased or unavailable, you may use an affidavit of attesting witness under Fla. Stat. §Â 733.212 (link).

2. File a Petition for Administration

Once authenticity is established, file a petition in the circuit court of the county where the decedent last resided. You must:

Submit the death certificate.
Attach the original will and any self-proving affidavit.
Propose a personal representative (executor).

3. Notify Interested Parties

Provide notice to beneficiaries named in the will and to heirs-at-law (those who would inherit under intestacy).
Publish notice to creditors in a local newspaper and in the Florida Administrative Weekly to allow claims against the estate.

4. Overcome Late-Discovery Hurdles

Statute of limitations on will contests: Interested parties have three months from the date of notice of probate to challenge the will (Fla. Stat. §Â 733.2125).
Escheat risk: If no assets remain in the decedent’s name, the court may not open an estate.
Evidence retention: Maintain originals of deeds, bank records, and correspondence that demonstrate assets are still subject to probate.

5. Probate Process and Distribution

The court appoints your personal representative after reviewing the petition.
The representative compiles assets, pays debts, and distributes property per the will.
File a final accounting and petition for discharge when administration is complete.

Key Florida Statutes

Probate procedure and definitions: Fla. Stat. §Â 733.201 link
Will formalities: Fla. Stat. §Â 733.207 link
Affidavit of attesting witness: Fla. Stat. §Â 733.212 link
Will contest period: Fla. Stat. §Â 733.2125 (available via Florida Legislature site)

Helpful Hints

Keep the original will in a secure, dry place.
Gather witness contact information early.
Search for any self-proving affidavit attached to the will.
Consult a probate attorney before filing to avoid procedural errors.
Verify whether any estate assets remain unclaimed.
Track all court deadlines with a calendar or case-management tool.
Be prepared to defend the will against untimely objections.