A will provides clear instructions on how a person’s assets should be distributed after their passing. Without it, Florida’s intestacy laws determine asset distribution, which might not align with the deceased’s intentions. Finding the Will in Florida ensures that their wishes are respected and can simplify the probate process. 

Steps to Locate a Will in Florida 

1. Search Personal Belongings 

Begin by examining the deceased’s personal spaces: 

• Home Offices or Study Areas: Look for filing cabinets, desks, or safes. 

• Safe Deposit Boxes: Check with local banks to see if the deceased had one.

• Digital Storage: Review computers, emails, or cloud storage for digital copies or references.

Family members or close friends might also have insights into where the will was kept. 

2. Consult with the Deceased’s Attorney 

If the deceased had legal representation, their attorney might have the original will or know its whereabouts. Even if the attorney doesn’t have the will, they might provide valuable information about its contents or storage.

3. Check with the Clerk of the Circuit Court 

Florida law mandates that the custodian of a will must deposit it with the clerk of the court in the county where the decedent resided within 10 days of learning about the death . Contact the probate division of the relevant county’s circuit court to inquire if the will has been filed. You’ll typically need the deceased’s full name and date of death.

4. Review Probate Court Records 

If a probate case has been initiated, the will might be part of the court records. In Florida, once a will is filed with the court, it becomes a public record . You can request copies from the clerk’s office, usually for a nominal fee

If the Will Cannot Be Found 

In situations where a will cannot be located: 

• Intestate Succession: Florida’s intestacy laws will determine asset distribution, prioritizing spouses, children, and other close relatives. 

• Lost or Destroyed Wills: If you believe a will existed but was lost or destroyed, it’s crucial to consult with an attorney. Under certain circumstances, a copy of the will might be admitted to probate, but this requires clear and convincing evidence of its contents and proper execution. 

Potential Challenges 

Locating a will isn’t always straightforward. Challenges might include:

• Multiple Wills: The deceased might have created several wills over their lifetime. Determining the most recent and valid one is essential. 

• Disputes Among Heirs: Family members might contest the will’s validity or its provisions. 

• Unclear Provisions: Ambiguities in the will can lead to legal disputes. 

In such cases, seeking legal counsel can help navigate the complexities and ensure the estate is settled according to the deceased’s wishes. 

How Lumsden Law Can Assist 

At Lumsden Law, we specialize in estate planning and probate matters. Our experienced attorneys can: 

• Guide You Through the Search: Assist in locating the will through various channels. 

• Interpret Will Provisions: Clarify any ambiguities and advise on legal implications. 

• Represent You in Probate Proceedings: Ensure that the estate is administered efficiently and in accordance with the law. 

If you’re facing challenges in locating a will or navigating the probate process, contact Lumsden Law today for a consultation.