The Short Answer

In Florida, the person holding the original will (the “custodian”) has a legal duty to deposit it with the clerk of court shortly after learning of the death. If a family member refuses, you can ask the probate court to compel the will’s production—and the court can order the custodian to pay costs and attorney’s fees if there was no good reason for the delay.

What Florida Law Says

Florida law treats a will as a court-controlled document once the testator dies. The goal is to prevent concealment, protect beneficiaries and heirs, and allow the estate to be administered under the correct legal authority (the will, if valid; otherwise Florida intestacy rules).

The Statute

The primary law governing this issue is Fla. Stat. a7 732.901.

This statute requires the custodian of a will to deposit it with the clerk in the proper venue within 10 days after learning the testator has died, and it allows an interested person to petition the court to compel production; if the custodian had no just or reasonable cause for failing to deposit the will, the court may award costs, damages, and reasonable attorney’s fees against the custodian.

If you want more background on this situation, see: What Can I Do If Someone Won’t Produce a Will in Florida?

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 duty on the will’s custodian to deposit the will after learning of the death, and delays can affect estate administration and beneficiaries’ rights. (See Fla. Stat. a7 732.901(1).)
• Burden of Proof: To get relief, you typically need to show the court who has the will, why venue is proper, and why the failure to deposit is unjustified—often requiring sworn statements and targeted evidence.
• Exceptions and Strategic Risks: The custodian may claim a “just or reasonable cause,” the will may be lost or destroyed, or there may be competing versions. These issues can quickly turn into contested probate litigation with fee exposure.

Trying to handle this alone can lead to delays, missed opportunities to recover fees, or an estate being administered under the wrong assumptions. A Florida probate attorney can evaluate the facts, move quickly for a court order, and position your case for the strongest possible outcome.

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.