Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Before opening probate in Florida, you must locate and verify the original will and any codicils. Florida law requires the original document to be offered for probate within 10 days of the decedent’s death (Fla. Stat. §733.6021). Without the original, the court may delay granting letters testamentary or require additional proof of validity.
Common Locations for the Original Will or Codicils
- Attorney’s office or safe in the law firm where the document was drafted
- Home safe, fireproof box, or personal filing cabinet
- Bank safe deposit box (see Fla. Stat. §733.7075)
- With the named executor or a trusted family member
- Electronic vaults or will-registration services (voluntary in Florida)
Steps to Verify Authenticity
Under Florida’s formal execution requirements, a will and any codicils must be in writing, signed by the testator (or at their direction), and witnessed by two individuals who sign in the presence of the testator (Fla. Stat. §732.501). To verify authenticity:
- Confirm the presence of the original signature and witness attestations.
- Review any endorsements, dates, or codicil references on the document.
- If the original is missing, prepare to present a copy plus clear and convincing evidence, including witness affidavits or testimony, to admit the will under Florida’s lost-will procedures.
- Inquire with the clerk of court in the decedent’s county of residence to see if the will was already filed.
Once you locate and verify the original will/codicils, file them with the probate division of the circuit court in the appropriate county to initiate the estate administration process.
Helpful Hints
- Act promptly: Executors have 10 days from the date of death to file the original will.
- Search both physical and digital storage areas.
- Ask family members and friends if they know where the will is kept.
- If only a copy exists, gather affidavits from subscribing witnesses to prove validity.
- Contact the local clerk’s office to confirm whether a will is already on file.