The Short Answer

If you can’t find the original will after someone dies, you should assume it still matters—and that Florida law may require whoever has it to file it with the court quickly. If no will can be located (or only a copy exists), the estate may end up being handled under Florida’s intestacy rules unless a court accepts a lost-will proceeding based on the available evidence.

What Florida Law Says

In Florida, the person who has custody of the decedent’s will has a legal duty to deposit it with the clerk of court in the proper county. If the will truly cannot be found, the estate may be treated as having no effective will (intestate) unless a court is persuaded that a lost will should still be admitted based on proof of its contents and proper execution.

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 of the court with venue for the estate within 10 days after learning the testator has died, and the court can compel production and award costs and attorney’s fees against a delinquent custodian in certain situations.

If no will is found (or if parts of the estate are not effectively disposed of by a will), Florida’s intestate succession rules may control who inherits. See Fla. Stat. § 732.101.

Related reading: Can I probate a copy of a lost will in Florida without it being treated as revoked? and What if the original will is lost in the mail before it’s filed in Florida probate?.

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 deadline on the will’s custodian to deposit the will after learning of the death. See Fla. Stat. § 732.901.
• Burden of Proof: If the original will can’t be located, the court may require strong evidence about what the will said and whether it was properly executed—especially if someone disputes it.
• Exceptions and Disputes: Families often disagree about whether a will existed, whether it was revoked, or whether someone is withholding it. A petition to compel production (and potential fee-shifting) can turn a “missing document” into active litigation.

Trying to handle this alone can lead to avoidable conflict, missed deadlines, or an estate being administered under intestacy rules when that is not what the decedent intended.

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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.