How do I find out if there’s a valid will for my parent and where it’s filed? - Florida
The Short Answer
In Florida, a will is typically found by identifying who had custody of the original (often a family member, the drafting attorney, or a safe deposit box) and checking whether it has been deposited with the Clerk of Court in the county where your parent lived. Florida law requires the person holding the will to deposit it with the clerk within a short deadline after learning of the death.
What Florida Law Says
Florida does not have a single statewide “will registry” that guarantees you can search and instantly locate every will. Instead, Florida law focuses on requiring the person who has the original will to deposit it with the Clerk of Court in the proper county (generally the county where the decedent was domiciled). Once a probate case is opened, the will is usually part of the probate court file.
If you are trying to determine whether there is a valid will, keep in mind that “valid” is a legal determination. A document can exist and even be filed, but still be challenged (for example, based on execution formalities, capacity, or undue influence). That is why locating the document is only step one.
The Statute
The primary law governing this issue is Fla. Stat. § 732.901.
This statute establishes that the custodian of a will must deposit the will with the clerk of the court having venue of the estate within 10 days after learning the testator has died, and the court can compel production (with potential costs and attorney’s fees against a delinquent custodian).
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. If someone is sitting on the will, timing and court intervention can matter.
- Burden of Proof: If the original can’t be found (or someone claims it was destroyed), proving what the will said and whether it should control can become a contested probate issue.
- Exceptions and Venue Issues: The “right” clerk is generally tied to where your parent was domiciled at death, but multi-county property, out-of-state ties, or prior filings can complicate where you should be looking and what records control.
Even when family members agree, mistakes in how a will is located, deposited, or presented to the court can delay administration, increase costs, or trigger avoidable disputes. A Florida probate attorney can quickly assess where the will should be, whether a probate case is already open, and what legal options exist if someone refuses to produce the document.
Related reading: How to find and request a probated will in Florida (and what if no will has been filed) and Filing or retrieving an original will with the Florida clerk of court.
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.