The Short Answer

In Florida, the person who has the original will is generally required to deposit it with the clerk of the circuit court (not a “county clerk”) in the proper county shortly after the person learns the testator has died. Once the original will is deposited, it is typically kept by the clerk as an official court record, and people usually obtain copies rather than getting the original back.

What Florida Law Says

Florida law places a legal duty on the custodian (the person holding the will) to deliver the will to the clerk in the county where the estate has proper venue. The law also allows the court to compel production of a will and, in some situations, shift attorney’s fees and costs to a custodian who unreasonably fails to deposit it.

The Statute

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

This statute establishes that the custodian of a will must deposit it with the clerk of the court with proper venue within 10 days after learning the testator has died, and that the clerk must retain and preserve the original will in its original form for at least 20 years.

If you’re trying to locate a will that may already be on file, you may also find it helpful to read: Who Keeps Original Probate Documents in Florida, and Can You Get Them Back After Filing?

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: Florida imposes a 10-day deadline on the will’s custodian after learning of the death. Missing that window can create avoidable conflict and court involvement. (See Fla. Stat. § 732.901(1).)
• Burden of Proof: If there’s a dispute about whether a document is the “original” will, or whether a later will exists, the court may require evidence about custody, authenticity, and what happened to the original.
• Exceptions and Disputes: If someone refuses to turn over the will, Florida law allows a petition to compel production and may award fees and costs against a delinquent custodian if there was no just or reasonable cause. (See Fla. Stat. § 732.901(2).)

Trying to handle this alone can lead to delays, family disputes, or mistakes that complicate the probate case—especially if the will is lost, damaged, unsigned, or being withheld by someone who may benefit from it not being filed.

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.