The Short Answer

In Florida, a later-discovered will can sometimes change everything—even if you already signed paperwork as an heir in an intestate (no-will) estate or under an earlier will. The key issue is timing: if the estate has not been completely administered and the personal representative has not been discharged, an interested person may ask the probate court to revoke the earlier probate and admit the later will.

What Florida Law Says

Florida probate is built around the idea that the decedent’s valid last will controls. If a will (or a later will/codicil) is discovered during an open administration, the court can be asked to shift the case from intestate administration (or an earlier will) to the newly found document. However, Florida law places a hard limit on offering a later-discovered will once the estate is fully closed and the personal representative has been discharged.

The Statute

The primary law governing this issue is Fla. Stat. § 733.208.

This statute establishes that when a later will or codicil is discovered, an interested person may petition to revoke the earlier probate or to probate the later will—but no will may be offered after the testate or intestate estate has been completely administered and the personal representative discharged.

Why You Should Speak with an Attorney

Even if you already signed “estate paperwork” (such as consents, waivers, receipts, or agreements), that does not automatically end the analysis. Whether the newly found will can be admitted—and what happens to anything already signed or distributed—depends on facts that can create serious legal risk if mishandled, including:

• Strict Deadlines / Case Status: Under Fla. Stat. § 733.208, the ability to offer a later will generally ends once the estate is completely administered and the personal representative is discharged.
• Burden of Proof and Validity Issues: The court may need evidence about the will’s execution, authenticity, and whether it is truly the “later” controlling document (and whether anyone can contest it).
• Impact of What You Signed: Some signed documents may be reversible or limited in effect; others can create arguments about waiver, reliance, or repayment if distributions already occurred. This is highly fact-specific and can quickly turn into contested probate litigation.

Because the stakes can include undoing distributions, re-titling assets, and potential personal liability disputes, it’s usually wise to have a Florida probate attorney evaluate the paperwork you signed, the status of the administration, and the newly discovered will before you take a position in court.

If you want more background on will-location problems that often lead to this situation, you may find this helpful: What to Do If You Can’t Find the Will in Florida.

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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.