What happens if the original will gets lost or damaged in the mail on its way to the courthouse? - Florida
The Short Answer
If an original Florida will is lost or damaged in the mail before it is filed with the clerk, the court may still be able to probate the estate—but you may have to prove the will’s contents and that it was not revoked. In practice, a missing original can trigger disputes, delays, and sometimes an intestate (no-will) result unless the will can be established as a lost or destroyed will.
What Florida Law Says
Florida probate generally expects the original will to be filed and proved. If the original cannot be produced, the case can shift into a “lost or destroyed will” situation where the proponent must present evidence of what the will said and address the legal presumption issues that arise when an original cannot be found.
The Statute
The primary law governing proof of a will in Florida probate is Fla. Stat. § 733.201.
This statute establishes the basic ways a will can be admitted to probate (including admission of a will based on witness proof or other permitted sworn proof when witnesses cannot be found or their testimony cannot be obtained within a reasonable time).
Related reading: probating a copy of a lost will in Florida and filing or retrieving an original will with the Florida clerk.
Why You Should Speak with an Attorney
While the statutes provide the general framework, a will that goes missing in transit often turns into a fact-intensive fight about what happened to the original and whether the court will accept a substitute. Legal outcomes often depend on:
- Strict Deadlines: Probate is deadline-driven, and delays caused by a missing original can affect administration timing, creditor issues, and hearings.
- Burden of Proof: If the original is not available, you may need credible evidence of the will’s contents and execution, and you may face arguments that the will should not be admitted without the original.
- Exceptions and Presumptions: Missing originals can trigger a presumption battle (including whether the will was revoked), and the evidence needed to overcome that is highly case-specific.
Trying to handle this alone can lead to avoidable disputes among heirs/beneficiaries, increased costs, or a ruling that the estate passes as if there were no will.
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.