Detailed Answer
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed Florida attorney for guidance on your specific situation.
When someone in Florida passes away, it’s essential to determine whether they left a valid will or other estate planning documents. Under Florida’s Probate Code (Chapter 732, Florida Statutes), a will must meet certain formalities to be valid, including the testator’s signature and two witnesses [Fla. Stat. § 732.502].
Follow these steps to verify the existence and validity of a will or related documents:
- Review Personal Records: Search the decedent’s home, safe deposit boxes, file cabinets and digital files for documents labeled “Will,” “Trust,” “Advance Directive” or “Power of Attorney.”
- Contact the Decedent’s Attorney: Estate planning attorneys often retain original wills or certified copies. Reach out to any attorney known to have represented the decedent for estate planning services.
- Speak with Family or Trustees: Ask close relatives, friends or named trustees if they know of any existing estate planning documents or their location.
- Check with the County Clerk: Under Fla. Stat. § 735.101, a testator may deposit an original will with the clerk of the circuit court in the county of residence for safekeeping. Contact the clerk’s office in the decedent’s last county of residence to inquire about deposited wills:
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=735.101&URL=0700-0799/0735/Sections/0735.101.html - Search Probate Records: Access the circuit court’s probate docket online or in person to see if someone has opened a probate case and filed a will.
- Consider Private Registries: Though Florida has no mandatory central registry, private will registries may list a will if the decedent enrolled.
After locating a will, verify it meets Florida’s execution requirements:
- The will is in writing.
- The testator signed the will (or directed another to sign).
See Fla. Stat. § 732.502: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=732.502&URL=0700-0799/0732/Sections/0732.502.html - Two witnesses signed in the presence of the testator.
- An attestation clause is included (strongly recommended).
If no valid will is found, the decedent may have died intestate (without a will). In that case, Florida’s intestacy laws (Fla. Stat. § 732.101 et seq.) will govern asset distribution.
Helpful Hints
- Create a checklist of every location searched for documents.
- Keep a log of all communications with attorneys, family members and clerk’s offices.
- Obtain certified copies of any found will before submitting it for probate.
- Store digital scans of documents in a secure, backed-up folder.
- If you remain uncertain, consult a Florida estate planning attorney promptly.