The Short Answer

In Florida, once a will is deposited with the Clerk of Court (and especially once it is admitted to probate), it is generally part of the court record and can typically be requested from the clerk. If no will has been filed, Florida law still imposes a duty on the person holding the original will to deposit it with the clerk shortly after learning of the death—and a court can compel production in the right case.

What Florida Law Says

Florida does not require a family member to “guess” whether a will exists. The key legal issue is whether someone is holding the original will and has complied with their legal obligation to deposit it with the court. If a probate case is opened, the clerk maintains the probate filings, and recorded probate instruments (including wills admitted to probate) are recorded in the county’s Official Records.

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 in the proper Florida venue within 10 days after learning the testator has died, and it also allows an interested person (by petition and notice) to ask the court to compel production of a will that is being withheld.

In addition, Florida law requires the clerk to record wills and certain probate orders that are admitted to probate in the county’s Official Records. See Fla. Stat. § 28.223.

If you want more background on locating probate filings, you may also find helpful: How do I confirm whether a probate estate is open and get probate filings in Florida?

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: The will custodian’s deposit obligation is triggered quickly (generally within 10 days of learning of the death). See Fla. Stat. § 732.901(1).
• Burden of Proof: If someone claims “there is no will,” an attorney can evaluate whether there are credible leads (safe deposit box access issues, prior estate planning counsel, later codicils, electronic will questions) and what evidence supports a petition to compel production.
• Exceptions: Not every estate requires the same type of probate administration, and the correct approach can change depending on whether there are Florida assets, whether a probate case is already pending, and whether the will is being withheld—issues that can affect rights and leverage.

Trying to handle this alone can lead to missed opportunities to locate the correct court file, delays in getting authority to act, or avoidable litigation if family members disagree about whether a will exists or who should serve.

Get Connected with a Florida Attorney

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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.