Detailed Answer

When the original will cannot be found after a person dies, Florida probate courts follow procedures to decide whether the decedent’s wishes can still be carried out. The key issues are (1) whether the will was validly executed and (2) whether the will was revoked before death. Florida’s probate rules and the Florida Probate Code (Chapter 732) govern how courts resolve these questions. For the statutory text, see Chapter 732 of the Florida Statutes: Florida Statutes, Chapter 732.

Common paths the court may follow

• Original will found: If the original is produced, the clerk normally admits it to probate after validating formalities (witnesses, signatures, self-proving affidavit if present).
• Original missing but a copy exists: A copy (paper or electronic) can often be offered to the court. The person offering the copy must prove by clear and convincing evidence that the original was properly executed and that the decedent did not revoke it. Evidence can include attesting witnesses’ testimony, a self-proving affidavit, contemporaneous drafts, or other corroborating documents or testimony.
• No copy and no original: The court may still consider testimony from witnesses who saw the will or heard the decedent describe it, but the burden to prove the will’s contents and validity is higher. If the person who had last possession of the will is presumed to have revoked it (for example, the decedent had the will, later destroyed it, and it cannot be located), the proponent must overcome that presumption.

Presumptions about revocation

Florida courts may apply a presumption of revocation when the decedent last possessed the original will and it cannot be found after death. That means the party trying to admit a lost will must present evidence that rebuts the presumption the decedent intended to revoke. Useful evidence includes copies of the will, testimony from the attesting witnesses that they observed proper execution and did not see revocation, contemporaneous communications, and other corroborating facts.

Evidence the court expects

To admit a lost or destroyed will, collect as much of the following as possible:

• Any copies of the will (typed, scanned, or drafts).
• Affidavits or testimony from the attesting witnesses about execution and absence of revocation.
• Evidence the decedent did not intentionally destroy the will (mail, emails, notes, witness statements).
• Records showing where the will was kept (safe deposit boxes, attorney’s file) and recent searches for it.

What the probate process looks like

1) File a petition with the county probate court to admit the will or to open administration. 2) Give required notices to heirs and beneficiaries. 3) The court schedules a hearing. 4) Interested parties may offer evidence and object. 5) The judge decides whether the lost-or-destroyed will is admissible and whether it was revoked. If the court admits the will, administration proceeds under its terms; if not, intestacy rules apply.

Practical example (hypothetical)

Imagine Maria executed a duly witnessed will and left a copy with her attorney. After Maria’s death the original cannot be found. Her attorney files a petition and submits the copy plus affidavits from the two attesting witnesses confirming they watched Maria sign the will and that Maria did not indicate revocation. The court reviews the evidence. If the judge finds the copy and the witness statements show the original was valid and not revoked, the court may admit the copy and open probate under its terms.

Deadlines and disputes

Florida law imposes procedural deadlines and notice requirements for probate and for challenging a will. Interested people should act promptly—delays can limit options for contesting admission or for defending a will’s validity. Because deadlines and local practices vary, consult a probate attorney promptly if you are dealing with a missing will.

Where to read the law: Florida Probate Code, Chapter 732: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html.

Disclaimer: This article provides general information about Florida probate procedures and is not legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation, consult a licensed Florida probate attorney.

Helpful Hints

• Search thoroughly for the original: check safe deposit boxes, the decedent’s home, lawyer or bank files, and personal papers before assuming it’s lost.
• Preserve copies and related documents: keep any copies, drafts, emails, or correspondence that reference the will or estate plans.
• Collect witness information quickly: get contact details and written statements from attesting witnesses while memories are fresh.
• Document your search: keep a written log of where you looked and who you contacted about the missing original.
• Notify the probate clerk early: open communication with the county probate clerk can clarify filing requirements and deadlines in your county.
• Act promptly on potential contests: estate beneficiaries and heirs have limited time to file objections; delay can bar rights.
• Consider mediation if heirs dispute admission: courts sometimes encourage settlement to avoid costly litigation.
• Keep an attorney’s file if the will was prepared by a lawyer: many attorneys retain originals or certified copies—ask the drafting attorney whether they still hold a file copy.

If you are dealing with a missing will in Florida, gathering copies and witness statements quickly and consulting a probate attorney will give you the best chance to preserve and present the testator’s intent to the court.