The Short Answer

In Florida, the most reliable way to confirm whether a will is being treated as the “original” is to determine what was deposited with (and accepted by) the probate court clerk and what the court will admit to probate. For electronic wills, Florida law can treat certain filed or certified versions as an “original,” even if what you are holding looks like a copy.

What Florida Law Says

Whether a document is an “original” for probate purposes depends on the type of will and how it is presented to the court. Florida probate focuses on whether the will can be proved and admitted to probate, including whether it is self-proved or can be established through witness oaths. In addition, Florida has specific rules for electronic wills that can make a filed electronic version—or a properly certified paper copy—legally equivalent to an original for probate.

The Statute

The primary law governing this issue is Fla. Stat. § 732.526.

This statute establishes that an electronic will filed through the Florida Courts E-Filing Portal is deemed deposited as an original, and that a paper copy of an electronic will certified by a notary as a true and correct copy may be offered for probate and “shall constitute an original” of the electronic will.

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: If the will is in someone’s possession, Florida law imposes time-sensitive duties to deposit it with the clerk after the death becomes known, and delays can trigger litigation and fee-shifting issues.
• Burden of Proof: Even if you have a document that appears to be the will, Florida may require proof through a self-proving affidavit or witness oaths before the court will accept it. See Fla. Stat. § 733.201.
• Exceptions: Copies can sometimes be used in limited scenarios (for example, certain foreign notarial wills or foreign-probated wills), but the authentication requirements and challenges by “interested persons” can be case-dispositive. See Fla. Stat. § 733.205 and Fla. Stat. § 733.206.

Trying to handle this alone can lead to avoidable disputes—especially if someone claims the “real” original is missing, a later will exists, or the document you received is incomplete or not the version the court will accept.

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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.