The Short Answer

In Florida, a will can still be admitted to probate even if the original is lost or destroyed—but only if the person offering it can prove the will’s exact contents using the specific evidence Florida law requires. If the original will was last known to be in the decedent’s possession and cannot be found after death, the court may presume it was revoked, which can make these cases highly contested.

What Florida Law Says

Florida law allows an “interested person” to ask the probate court to establish (prove) the full and precise terms of a lost or destroyed will and then admit it to probate. The key issue is proof: the court will not rely on guesses about what the will said, and it will require disinterested witness testimony to establish the will’s contents—especially if there is no correct copy available.

The Statute

The primary law governing this issue is Fla. Stat. § 733.207.

This statute establishes that the will’s specific content must be proved by testimony of two disinterested witnesses, or, if a correct copy is provided, by one disinterested witness.

If you’re dealing with this situation, you may also find these related resources helpful: What to Do If You Can’t Find the Will in Florida and Can I Probate a Copy of a Lost Will in Florida Without It Being Treated as Revoked?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Lost-will disputes often turn into formal probate litigation with required notice and court hearings; waiting too long can increase the risk that the estate proceeds as if there were no will (intestacy) or that key witnesses become unavailable.
• Burden of Proof: You must prove the will’s full and precise terms using disinterested witness testimony (and whether a document qualifies as a “correct copy” can be disputed).
• Exceptions: If the original will was last known to be in the decedent’s possession and cannot be found, Florida courts may apply a presumption that the will was revoked—overcoming that presumption can require substantial evidence and often triggers a will contest.

Trying to handle this alone can lead to the will being rejected, the estate being treated as intestate, or expensive litigation mistakes that are hard to fix later.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.