The Short Answer

In Florida, if you have the original will, you generally have a legal duty to deposit it with the court within a short time after you learn the person died—and failing to do so can expose you to court-ordered costs and attorney’s fees. As for unpaid estate bills, you are not automatically personally responsible just because you didn’t file the will, but personal liability can arise if you take on the role of personal representative (executor) and mishandle estate obligations or act at fault.

What Florida Law Says

Florida law distinguishes between (1) the duty of the custodian of the will to deposit the will with the clerk, and (2) the duties (and potential personal liability) of a personal representative once an estate is being administered. Not filing the will can create legal exposure on its own, and it can also create downstream problems—like creditors, heirs, or beneficiaries claiming you delayed administration or caused avoidable losses.

The Statute

The primary law governing this issue is Fla. Stat. § 732.901.

This statute requires the custodian of a will to deposit it with the clerk of the court with venue for the estate within 10 days after learning the testator has died, and it allows the court to award costs, damages, and reasonable attorney’s fees against a custodian who had no just or reasonable cause for failing to deposit the will.

On the “unpaid bills” question, Florida law also limits when a personal representative is personally on the hook. Under Fla. Stat. § 733.619, a personal representative is generally not individually liable on estate contracts entered into in a fiduciary capacity (if properly disclosed), and is individually liable for estate obligations/torts only if personally at fault.

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: If you’re the will’s custodian, Florida imposes a 10-day deadline to deposit the will after you learn of the death. See Fla. Stat. § 732.901.
• Burden of Proof: If someone petitions the court to compel production of the will, you may need to show you had a “just or reasonable cause” for not depositing it to avoid being assessed costs/damages/fees.
• Exceptions and Personal Liability Traps: Even if you are not automatically liable for estate debts, personal liability can arise if you act as personal representative and are personally at fault, or if you sign contracts without clearly disclosing you’re acting for the estate. See Fla. Stat. § 733.619.

Trying to handle this alone can escalate family conflict, trigger creditor actions, or lead to a court proceeding to compel production of the will—where attorney’s fees may be sought against the person holding it. For more background, see What Are an Executor’s (Personal Representative’s) Responsibilities During Probate in Florida?.

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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.