The Short Answer

In Florida, a person who has the original will is legally required to deposit it with the clerk of court within a short time after learning of the death—and the court can order that person to produce it. If someone is withholding the will, an attorney can file the appropriate petition to compel production and seek reimbursement of attorney’s fees and related costs when the withholding is not justified.

What Florida Law Says

Florida law places the duty on the custodian of the will (who may or may not be the named executor/personal representative) to deliver the original will to the clerk of the circuit court in the county where venue is proper for the estate. If the will is not deposited, an “interested person” can ask the probate court to intervene and compel production.

The Statute

The primary law governing this issue is Fla. Stat. a7 732.901.

This statute requires the custodian of a will to deposit it with the clerk within 10 days after receiving information that the testator has died, and it also allows the court—upon petition and notice—to compel the custodian to produce and deposit the will, with potential awards of costs, damages, and reasonable attorney’s fees against a delinquent custodian who lacked just or reasonable cause.

If you’re trying to understand related issues (like whether a will has already been filed or what happens if it can’t be located), you may also find these helpful: How to find and request a probated will in Florida and What to do if you can’t find the will in Florida.

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 to deposit the will after learning of the death, and delays can affect how quickly an estate can be opened and assets protected. See Fla. Stat. a7 732.901(1).
• Burden of Proof: To get meaningful court relief, you typically need to show the court who has custody/control of the will (or is likely to), why you are an interested person, and why court intervention is warranted.
• Exceptions and Defenses: The court can award fees and costs only if the custodian had no just or reasonable cause for failing to deposit the will—an issue that often turns on disputed facts and requires careful presentation. See Fla. Stat. a7 732.901(2).

Trying to handle this alone can lead to delays, missed opportunities to recover fees, or a court filing that doesn’t accomplish what you need—especially if there are disputes about which document is the “last” will, whether an electronic will is involved, or whether someone is using the delay to move or dissipate assets.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

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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.