How Do I Obtain a Copy of a Will in North Carolina? - Florida
The Short Answer
In Florida, once a will is deposited with the clerk and a probate case is opened, the will is generally part of the court file and copies are typically obtainable through the clerk of the circuit court in the county where the estate is being handled. If someone is holding the will and has not turned it in, Florida law allows an interested person to ask the court to compel the custodian to produce it.
What Florida Law Says
Florida law places a legal duty on the person who has custody of the original will to deposit it with the clerk of the court with proper venue for the estate shortly after learning of the death. If the will is not produced, the court can order the custodian to deposit it, and the custodian may be responsible for costs and attorney’s fees if they had no just or reasonable cause for the delay.
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 within 10 days after learning the testator has died, and it authorizes the court (upon petition and notice) to compel production and potentially award costs, damages, and reasonable 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: The will custodian’s deposit obligation is time-sensitive (generally within 10 days after learning of the death), and delays can affect estate administration and disputes. See Fla. Stat. § 732.901(1).
- Burden of Proof: If someone claims they do not have the will (or claims it was lost, destroyed, or is being held elsewhere), the evidence needed to persuade the court can become contested quickly.
- Exceptions: Special rules may apply when the “will” is electronic or when only a copy exists, and those issues can change what can be filed and what can be admitted in probate.
Trying to handle this alone can lead to procedural errors, delays, or unnecessary litigation—especially if family members disagree or a custodian refuses to cooperate.
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.