The Short Answer

In Florida probate, it depends on the document. If an original will is deposited with the clerk, the clerk generally keeps and preserves that original for a long retention period, and you should expect it will not be returned simply because the case is over.

For many other probate-related documents (like death certificates, marriage certificates, titles, and financial records), courts often accept copies or certified copies, but whether an original must be surrendered can vary by what you are trying to accomplish and which agency or court is requesting it.

What Florida Law Says

Florida law draws a sharp line between an original will (which is treated as a unique evidentiary document the court must preserve) and other supporting paperwork used to administer the estate. If you are the custodian of the will, Florida requires you to deposit it with the clerk promptly after learning of the death, and once it is deposited, the clerk is required to retain it in its original form for a long period.

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 within 10 days after learning the testator has died, and that once received, the clerk must retain and preserve the original will in its original form for at least 20 years.

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 you are holding the will, Florida law imposes a 10-day deadline to deposit it after you learn of the death, and delays can trigger court involvement and potential fee-shifting consequences. See Fla. Stat. § 732.901(1)-(2).
• Burden of Proof: When originals are missing (for example, a missing vehicle title or only copies of vehicle paperwork), you may need additional proof to establish ownership, authority to act, or to satisfy a third party (like a bank, insurer, or DMV). What is “enough” proof depends on the asset and the institution.
• Exceptions: Some filings and agencies require certified copies rather than plain copies, and an original will deposited with the clerk is generally not treated like a document you can simply retrieve later because the clerk has a statutory duty to preserve it in original form for at least 20 years. See Fla. Stat. § 732.901(4).

Because you are working with limited originals (an original marriage certificate, a copy of the death certificate, and missing vehicle title/key), it is easy to lose leverage or create delays if the wrong item is surrendered or if the court/agency rejects what you provide. A probate attorney can coordinate what should be filed, what should be copied or certified, and how to protect irreplaceable originals while still moving the estate forward.

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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.