This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Florida USLegal Pamphlet on Lost Wills
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FAQ
Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate. The specific content of the will must be proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness.
If you cannot find the will at all, including any copies of the will, then you will have considerably more difficulty proving the will and admitting it to probate. If there is no will, you will need to find both witnesses to the will when it was signed by the decedent.
Yes. All original wills must be deposited with the Court. If you are in control of an original will you must deposit it within ten (10) days after receiving information that the testator is dead.
If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies. If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary.
The short answer is yes, but you can't simply submit a copy to probate in place of the original. Florida law sets forth specific procedures that are required to establish that a copy of a will is accurate, and that the testator did not intentionally revoke the will by destroying the original.
If you can't find a will, you will usually have to deal with the estate of the person who has died as if they died without leaving a will. For more information, see Who can inherit if there is no will the rules of intestacy.
The easiest way to get a copy of the will is to contact the executor of the estate and request one. If you know who the executor is, this might be just a phone call. If you don't know who was named executor, you can call the Florida probate court in the county in which your father resided.
The contents of a lost or destroyed Will are only admitted into probate in Florida if the probate court makes a finding that the above noted presumption has been overcome. If your Father's original Will is not located, and a copy cannot be proven, the Probate will then proceed intestate as if his Will never existed.
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.
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