The Short Answer

In Florida, the person holding the original will is legally required to file (deposit) it with the clerk of court shortly after learning of the death, and the court can compel production if they do not. Once a probate case is opened, the personal representative must file a verified estate inventory—however, many valuable items (like certain beneficiary-designated accounts) may be non-probate and won’t necessarily appear on that inventory.

What Florida Law Says

If family members are keeping you in the dark, Florida law provides tools to force the will into the court file and to require a formal inventory of probate assets once a personal representative is appointed. The key is that the legal duties fall on (1) the custodian of the will and (2) the personal representative once probate is underway.

The Statute

The primary law governing production of the will is Fla. Stat. § 732.901.

This statute requires the will’s custodian to deposit the will with the clerk of the court with proper venue within 10 days after learning the testator has died, and it allows the court to compel production (with potential costs and attorney’s fees against a delinquent custodian).

For the inventory side, Florida law requires a personal representative to file a verified inventory of estate property with reasonable detail and date-of-death values, and it also explains who can access that inventory (it is generally confidential but available to “interested persons”). See Fla. Stat. § 733.604.

If you want more background on what typically is (and is not) part of the probate inventory, you may find these helpful: probate vs. non-probate assets in Florida and what must be listed in a Florida probate inventory (and what if accounts are missing).

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is rarely simple—especially when family conflict or missing information is involved. Legal outcomes often depend on:

• Strict Deadlines: The will custodian’s duty to deposit the will is time-sensitive (generally 10 days after learning of the death), and delays can affect your ability to protect your rights. See Fla. Stat. § 732.901.
• Burden of Proof: If you believe assets are being hidden or diverted, proving what exists (and whether it is probate vs. non-probate) often requires subpoenas, account tracing, and careful review of beneficiary designations and titling.
• Exceptions: Many assets may pass outside probate (for example, certain jointly titled property, beneficiary-designated accounts, and trust assets), meaning they may not appear on the probate inventory even though they matter to the overall inheritance picture.

When you were not notified and you suspect a will is being withheld or the asset picture is incomplete, an attorney can quickly evaluate venue, compel production of the will when appropriate, and protect your position in the probate case without avoidable missteps.

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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.