A Florida Petition To Establish Lost Or Destroyed Will is a legal document used to prove the validity of a will when the original version is missing or destroyed. The petitioner must provide evidence to prove that the will was written and existed before it was lost or destroyed. This petition is used to prove that the decedent's wishes are being respected. There are three types of Florida Petition To Establish Lost Or Destroyed Will: Form P-2, Form P-3, and Form P-4. Form P-2 is used when the original will is missing or destroyed. Form P-3 is used when the original will has been partially destroyed or is illegible. Form P-4 is used when the original will has been partially destroyed and the petitioner wishes to rewrite or revise the destroyed portions. Each form requires different types of evidence to prove the validity of the will and must be filed with the applicable Clerk of the Circuit Court.
Florida Petition To Establish Lost Or Destroyed Will
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How to fill out Florida Petition To Establish Lost Or Destroyed Will?
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FAQ
How Do I Contest a Will in Florida? The party who wishes to contest a will must file a petition in the probate court where the will is being probated, and request that the court revoke or deem the will invalid due to undue influence, fraud, coercion, or other legal grounds.
The most common challenge to the validity of a will or trust is undue influence. ing to Florida law, if all or any portion of a will or trust is proven to be the product of undue influence, then the whole will or trust (or that portion procured by undue influence) is invalid.
To establish both the existence and validity of a will without the original, a petition for lost will needs to be filed with the court. Florida Statute 733.207 provides: Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate.
What if the Original Will Cannot be Located? In order to establish the existence and validity of a will without the original document, your probate attorney will have to file a petition with the court to establish and probate the will.
Florida law mandates a strict filing deadline for will contests. Any interested person must file a formal lawsuit contesting the will within 90 days after the filing of the Notice of Administration?the document filed by the estate's personal representative notifying the decedent's heirs of probate court proceedings.
No lost or destroyed will shall be admitted to probate unless formal notice has been given to those who, but for the will, would be entitled to the property thereby devised.
If the original document has been misplaced, Florida has very specific requirements for establishing the validity of a Will when only a copy is available. In order to admit a lost Will to probate, your attorney will have to file a petition to probate a copy of the Will.