How to Probate a Copy of a Will in Florida Without It Being Presumed Revoked

Short answer: Florida allows a copy of a will to be admitted to probate when the original cannot be found, but the person seeking admission must prove the will’s contents and that the decedent did not revoke it. To overcome the presumption that a missing original was revoked, you need clear, credible evidence: credible witness testimony about due execution and the decedent’s lack of revocation, circumstantial evidence about the original’s loss, and any contemporaneous copies or self-proving affidavits. See Florida’s probate statutes for lost or destroyed wills: Ch. 732, Fla. Stat. and §732.515, Fla. Stat..

Detailed answer — what Florida law requires and the usual court process

Florida law treats a missing original will as potentially revoked when it cannot be produced at the time of probate. That means a court will usually presume the will was revoked by the testator unless the person seeking probate can produce sufficient proof to the court. The typical legal steps and evidentiary points are below.

1. Initial steps — search and prevention

• Thoroughly search places where the original might be: personal papers, safe-deposit boxes, attorney files. Document your search (who, when, where).
• Immediately notify interested persons required by probate rules so you meet notice obligations and avoid claims of concealment.
• If the will was with an attorney, ask whether the attorney holds an original or a copy. Get written confirmation.

2. Filing to probate a copy

1. File a petition for administration and a petition to admit the copy of the will to probate. The petition must identify the decedent and the will copy and explain that the original cannot be found despite a diligent search.
2. Provide notice to beneficiaries and heirs per Florida probate rules so interested persons have a chance to object.
3. Attach any copies, drafts, or self-proving affidavits (if available) to the petition.

3. Burden of proof — proving the copy and lack of revocation

Courts expect evidence on two key points:

• Authenticity and contents of the will copy — you must show the copy accurately reflects the testator’s final testamentary intentions.
• No revocation — you must overcome the presumption the original was revoked, which commonly means presenting convincing testimony or other evidence that the decedent did not cancel the will.

Florida case law and probate practice generally require strong proof (often described as clear, convincing, or satisfactory evidence) to admit a copy of a missing will. That proof often comes from witnesses to the will’s execution and from circumstantial evidence about the original’s disappearance.

4. Evidence that helps admit a copy

• Testimony of the attesting witnesses: If one or both subscribing witnesses are available, their testimony that they saw the decedent sign the will and that the decedent did not revoke it is the most persuasive evidence.
• Self-proving affidavit or notarized certificate prepared when the will was executed: Even if the original is lost, copies of a previously executed self-proving affidavit and the notary certificate can support the execution evidence.
• Contemporaneous copies or drafts showing identical language to the copy you seek to admit.
• Evidence about how the original disappeared (for example, a safe damaged in a fire, or proof that someone else had access and the will was later missing) — such evidence can rebut the presumption of intentional revocation by the testator.
• Statements by the decedent near the end of life about his/her testamentary plans or statements that they did not revoke the will (testimony of caregivers, family, or attorneys), though courts weigh such statements carefully.

5. Court hearing and likely outcomes

The court will hold a hearing where interested persons may object. If the court finds the copy reliably proves the will’s content and that the decedent did not revoke it, the judge may admit the copy to probate. If the court finds the evidence insufficient, it may deny admission and distribute the estate as intestate (as if there were no valid will).

Practical checklist — step-by-step for a typical case

1. Document your exhaustive search for the original.
2. Gather all copies, drafts, and electronic versions of the will.
3. Locate and obtain affidavits or testimony from attesting witnesses and the attorney who prepared the will (if any).
4. Prepare a petition to admit copy of will and supporting affidavits/evidence under Ch. 732, Fla. Stat.
5. Serve required notices to heirs and beneficiaries under Florida probate rules.
6. Attend the probate hearing and be prepared to explain the original’s loss and present witness testimony about execution and lack of revocation.

Common pitfalls to avoid

• Waiting too long to file — delays create suspicion that evidence was lost or destroyed intentionally.
• Failing to preserve copies or evidence that support the copy’s authenticity (email drafts, attorney notes, prior probate filings).
• Not securing testimony from attesting witnesses while they are available.
• Not providing full notice to interested persons, leading to procedural challenges.

Helpful hints

• Start with a careful, documented search; courts expect diligence before admitting a copy.
• Get sworn declarations from anyone who saw the decedent sign the will or who can attest the testator’s intent.
• Keep all electronic traces: scanned copies, emails, and drafts can corroborate the version you seek to admit.
• If an attorney prepared the will, ask for a file-stamped copy or a letter stating whether the attorney ever had the original.
• Consider limited emergency filings (like temporary administration) if estate assets require protection while you resolve the will issue.
• If you expect a challenge, retain a probate attorney early — objections commonly raise complex evidentiary and procedural issues.

Where to look in Florida law

Start with Florida’s probate chapter on wills and intestacy: Chapter 732, Florida Statutes, and the statute addressing lost or destroyed wills: §732.515, Fla. Stat.. Probate procedure and notice requirements appear elsewhere in the probate statutes and in the Florida Probate Rules.

Final note and disclaimer

This article explains general Florida probate concepts but is not legal advice. Probate outcomes depend on the specific facts, timing, evidence, and court discretion. Consult a licensed Florida attorney who handles probate when you need tailored guidance or when interested parties may contest admission of a copy.