The Short Answer

In Florida, you can probate a copy of a will, but if the original can’t be found and it was last known to be in the decedent’s possession, the court may apply a presumption that the will was revoked. To succeed, you generally need evidence strong enough to rebut that presumption and then prove the will’s exact contents using the witness requirements Florida law sets for lost or destroyed wills.

What Florida Law Says

When an original will is missing, Florida treats the matter as a “lost or destroyed will” issue. The court will not simply accept a photocopy at face value—there are legal hurdles about (1) whether the will was revoked and (2) whether the copy accurately reflects the will’s precise terms.

The Statute

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

This statute establishes that an interested person may probate a lost or destroyed will, but the will’s specific content must be proved by two disinterested witnesses—or, if a correct copy is available, by one disinterested witness.

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 Proof Requirements: Under Fla. Stat. § 733.207, you must prove the will’s full and precise terms through the required number of disinterested witnesses (and disputes often arise over who qualifies as “disinterested” and whether the copy is “correct”).
• Burden of Proof on “Revocation”: If the original can’t be found, the fight is often about whether the will was intentionally revoked versus lost, accidentally destroyed, or wrongfully destroyed—issues that typically require credible, admissible evidence and careful presentation.
• High Risk of Litigation: Lost-will cases commonly turn into contested probate, with formal notice and objections from heirs who would inherit if the will is rejected. A misstep can result in the estate being treated as intestate (no will), even if a copy exists.

If you are trying to probate a copy specifically to avoid the “presumed revoked” problem, that is a strong sign you may be heading into a contested or evidence-heavy proceeding—exactly where having counsel can protect the will’s validity and your position.

For related background, you may also find these helpful: Can I File or Retrieve an Original Will with the Clerk of Court in Florida? and Is Probate Required If There Is a Will 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.