Can I e-file exemplified copies for estate administration, or are hard copies required for certain documents? - Florida
The Short Answer
In many Florida probate cases, you can e-file most pleadings and supporting documents through the Florida Courts E-Filing Portal. However, certain items—most notably an original paper will—can still trigger a hard-copy “original must be deposited/preserved” requirement, and some courts may require specific certified/authenticated documents in a particular format depending on what you are trying to accomplish (for example, admitting a foreign will or recording authenticated/exemplified copies).
What Florida Law Says
Florida law generally supports electronic filing in court cases, including probate, but it also recognizes that some documents must exist and be preserved in their original form. This matters because “exemplified” or “authenticated” copies are often used to prove out-of-state proceedings or to satisfy third parties (banks, title companies, transfer agents), and the court’s acceptance of an e-filed PDF is not always the same thing as having the right certified instrument for use outside the court file.
The Statute
The primary law governing this issue is Fla. Stat. § 732.901.
This statute requires the custodian of a will to deposit the will with the clerk after death and requires the clerk to retain and preserve the original will in its original form for a specified period—meaning a scanned upload typically does not replace the need to deposit the original paper will when a paper will exists.
Why You Should Speak with an Attorney
While Florida’s e-filing system is widely used, applying the rules to “exemplified,” “authenticated,” and “certified” probate documents is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: If you are dealing with an original will, Florida imposes time-sensitive duties to deposit it with the clerk after death. See Fla. Stat. § 732.901.
- Burden of Proof: If your goal is to admit a foreign will, prove authority from another state, or satisfy a bank/title company, you may need the right kind of certification (e.g., authenticated/exemplified) rather than a standard e-filed copy.
- Exceptions: Florida treats electronic wills differently than paper wills in certain situations, and the correct approach can change depending on whether the “original” is electronic or paper and what the receiving institution requires.
Trying to handle this alone can lead to rejected filings, delays in getting letters, or having third parties refuse to honor your authority—often at the worst possible time (like a pending home sale or frozen account).
If you want more background, you may find these helpful: Letters of Administration in Florida and How to confirm a Florida probate estate is open and obtain filings.
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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.