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Missing will in Florida: where to look, safe-deposit boxes and lost-will probate
Where a Florida will can be held, who may open a safe-deposit box, the 10-day deposit duty in § 732.901, how a lost or destroyed will is proved under § 733.207, and what happens when no will is found.
Updated October 2026
A will can be held by five kinds of custodian: the decedent at home, a bank safe-deposit box, the lawyer who drafted it, the clerk of court, or an online custodian of an electronic will. Florida law gives each a rule. Anyone who holds a will must deposit it with the clerk, a sole-name box can be opened by a short list of relatives, and a will that cannot be found can still be probated if its contents are proved. If no will exists, the estate passes by intestacy.
- Deposit duty: the custodian of a will must deposit it with the clerk of court having venue of the estate within 10 days after receiving information that the testator is dead (§ 732.901(1), Fla. Stat. (2026)).
- Safe-deposit box in the decedent's name: the spouse, a parent, an adult descendant, or a person named personal representative in a copy of the will may open it with a bank officer present, on proof of death. Only the will, a burial-plot deed or burial instructions, and a life insurance policy may be removed (§ 655.935).
- Only a copy exists: an interested person may petition to establish and probate a lost or destroyed will. The contents are proved by two disinterested witnesses, or by one disinterested witness if a correct copy is provided (§ 733.207; Fla. Prob. R. 5.510).
- Presumption against a lost will: Florida courts presume that a will that cannot be found was destroyed by the testator intending to revoke it, and the person offering the will carries the burden. The Florida Supreme Court stated that rule in In re Estate of Parker, 382 So. 2d 652 (Fla. 1980), quoting In re Washington's Estate, 56 So. 2d 545 (Fla. 1952).
- No will after a diligent search: the petition for administration of an intestate estate must state that, after reasonable diligence, the petitioner is unaware of any unrevoked will or codicil (Fla. Prob. R. 5.200(h)).
Withholding a will
On petition and notice, a custodian can be compelled to produce and deposit a will. If the custodian had no just or reasonable cause for failing to deposit it, the court adjudges costs, damages and a reasonable attorney's fee against the custodian (§ 732.901(2), Fla. Stat. (2026)).
Where a will can be held
Check the places below in this order. The legal rule that applies to each is in the right-hand column.
| Place | Rule | Source |
|---|---|---|
| Papers at home: desk, file cabinet, home safe | No statute limits a search of the decedent's own papers. A will includes a codicil (§ 731.201(40)). A signed list of tangible personal property referred to in the will is also deposited as part of the will (§ 732.901(5), § 732.515). When two wills conflict, a later inconsistent will revokes the earlier one to the extent of the inconsistency (§ 732.505(1)). | § 731.201, § 732.505, § 732.515 |
| Lawyer who drafted the will, or another person who holds it | Every custodian must deposit the will with the clerk within 10 days after learning of the death. The custodian supplies the date of death or the last four digits of the Social Security number. | § 732.901(1) |
| Clerk of the circuit court in the county of the decedent's domicile | The clerk keeps a deposited original will in its original form for at least 20 years, whether or not it is probated. Ask the clerk's probate department whether a will was deposited. | § 732.901(4); Fla. Prob. R. 5.043 |
| Bank safe-deposit box | Access depends on whose name is on the lease and whether letters of administration have issued. See Table 2. | § 655.935, § 655.936, § 655.937 |
| Online custodian of an electronic will | A qualified custodian gives access after death to the personal representative named in the will and must deposit the electronic will with the court on learning of the death. An electronic will filed through the Florida Courts E-Filing Portal is deemed deposited as an original. | § 732.524(2)(c), (11); § 732.526(1) |
The Florida Courts E-Filing Portal is at myflcourtaccess.com. A certified copy of the death certificate is prima facie proof of the fact, place and date of death (§ 731.103(1)); copies are ordered from the Florida Department of Health.
Safe-deposit box access
A bank may not release the contents of a box leased in the decedent's name to just anyone. The statute lists who may enter and what they may remove. Ch. 2026-57, Laws of Fla., revised §§ 655.933 and 655.936 and took effect July 1, 2026 (sections 1, 2 and 14 of the act).
| Situation | Who may open it | What may be removed | Source |
|---|---|---|---|
| Box leased jointly with another person | Any colessee, whether or not the other colessee is living or competent. After a colessee dies, an inventory may be made with a second person present, and both sign it under penalty of perjury. | Contents of the box | § 655.937(1)(a), (5) |
| Box in the decedent's name, no personal representative yet, no court order | The spouse, a parent, an adult descendant, or a person named personal representative in a copy of a purported will, with satisfactory proof of death and a bank officer present | Only a purported will (delivered to the court having probate jurisdiction in the county of the bank), a burial-plot deed or burial instructions (to the requester), and a life insurance policy (to the named beneficiary). The officer leaves a copy and a delivery memorandum in the box. | § 655.935 |
| Box in the decedent's name, court order | The person named in a verified petition and order authorizing the search, with a bank officer present | The same three kinds of document. The search is not the initial opening, so no inventory is filed. | Fla. Prob. R. 5.3425; § 655.935(4) |
| Box in the decedent's name, personal representative appointed | The personal representative, on a certified copy of letters of authority. The initial opening is made in the presence of any two of: a bank employee, the personal representative, the personal representative's attorney of record. | Any part or all of the contents. The inventory and the box entry record from 6 months before the date of death are filed with the court within 10 days after the box is opened. | § 733.6065(1) (initial opening and inventory); § 655.936(1), (3) (delivery of contents); Fla. Prob. R. 5.342 |
The bank may charge reasonable fees for a search under § 655.935(3). Access under § 655.935 is separate from the personal representative's right to open the box under § 733.6065(1) (§ 733.6065(2)).
Probating a copy of a lost or destroyed will
A lost or destroyed will is established and probated in one proceeding (Fla. Prob. R. 5.510(a)). The steps below follow rule 5.510 and § 733.207. A personal representative must be represented by an attorney admitted in Florida unless the personal representative is the sole interested person (Fla. Prob. R. 5.030(a)).
- 1. Gather the evidence. The contents must be proved by two disinterested witnesses, or by one disinterested witness if a correct copy is provided (§ 733.207).
- 2. File the petition. It must state the facts that are the grounds for relief and the contents of the will or, if available, attach a copy. It also contains what a petition for administration contains (Fla. Prob. R. 5.510(b); Fla. Prob. R. 5.200).
- 3. Serve formal notice on those who, but for the will, would be entitled to the devised property. No lost or destroyed will may be admitted without it (Fla. Prob. R. 5.510(d)).
- 4. Put the testimony in writing and file it. It may be used in a later contest if the witness has died or left the state (Fla. Prob. R. 5.510(c)).
- 5. Overcome the presumption of revocation. The court presumes the testator destroyed a lost will intending to revoke it, and the proponent must prove otherwise. A will is revoked by the testator's act of burning, tearing, canceling, defacing, obliterating or destroying it with intent to revoke, or by another person's act only in the testator's presence and at the testator's direction (§ 732.506; Parker).
- 6. Order. The order admitting the will states its terms in full (Fla. Prob. R. 5.510(e)).
| What exists | Disinterested witnesses to the contents | Source |
|---|---|---|
| An identical copy of the signed will, such as a carbon or photostatic copy | One | § 733.207; Parker |
| A draft or other accurate account of the contents that is not an identical copy | Two | § 733.207; Parker |
| Nothing in writing, only recollection of the terms | Two | § 733.207 |
Parker was decided under the 1977 text of § 733.207, which also used the words "correct copy." The Florida Supreme Court held that a draft is not a correct copy and that the term means an identical copy such as a carbon or photostatic copy. The opinion does not address a scan or phone photograph of a signed original.
When no will is found
Florida sets no fixed search period. The petition for an intestate estate states that the petitioner exercised reasonable diligence and is unaware of an unrevoked will or codicil (Fla. Prob. R. 5.200(h)). If the petitioner knows of a will that is not being probated, the petition states why.
In an intestate estate the surviving spouse takes the entire estate if the decedent has no descendants, or if all descendants are also the spouse's; one-half if a descendant of the decedent is not the spouse's, or if the spouse has a descendant who is not the decedent's. The rest passes to descendants, then parents, then siblings and further kindred (§ 732.102; § 732.103). The intestate succession guide works through the order.
| Event | Rule | Source |
|---|---|---|
| The will is found before letters issue | The petition for administration states that the original will is in the court's possession or accompanies the petition, and identifies all unrevoked wills and codicils. | Fla. Prob. R. 5.200(i), (j) |
| A will is admitted after an estate is open | The personal representative promptly serves a new notice of administration, as for an initial will admission. | § 733.212(7) |
| Deadline to challenge the validity of a will | Three months after service of the notice of administration on the objecting person, and no later than the earlier of final discharge or 1 year after service. | § 733.212(3) |
| Probate of a will already admitted is challenged later | Any interested person, including a beneficiary under a prior will, may petition to revoke probate before final discharge of the personal representative, unless barred by § 733.212 or § 733.2123. | § 733.109 |
| A will that has not been admitted | It is ineffective to prove title to, or the right to possess, the testator's property until it is admitted to probate in Florida or in the state of domicile. | § 733.103(1) |
Mistakes that damage a will
- Discarding papers before they are read. A codicil or a signed list of tangible property can be among them (§ 731.201(40); § 732.515).
- Treating accidental loss as revocation. Destruction revokes a will only when the testator, or another person in the testator's presence and at the testator's direction, acts with intent to revoke (§ 732.506).
- Keeping a will that belongs at the clerk. The 10-day deposit duty applies to every custodian, including a relative (§ 732.901(1)).
- Removing other contents from a sole-name box. A § 655.935 search releases only a will, burial documents and a life insurance policy; everything else waits for the personal representative (§ 655.936).
- Offering the wrong will. Compare dates and signatures; the later inconsistent will controls to the extent of the inconsistency (§ 732.505(1)).
Sources
Last checked: October 17, 2026. Statutes are cited to the 2026 Florida Statutes on the Florida Senate site. Florida Probate Rules are cited to the October 15, 2026 edition.
- § 732.901, Fla. Stat. (2026). Production of wills.
- § 733.207, Fla. Stat. (2026). Establishment and probate of lost or destroyed will.
- § 655.935, Fla. Stat. (2026), § 655.936 and § 655.937. Safe-deposit box search, delivery to personal representative, and access in two or more names.
- § 733.6065, Fla. Stat. (2026). Opening safe-deposit box.
- § 732.524, Fla. Stat. (2026) and § 732.526. Qualified custodians of electronic wills; probate of an electronic will.
- § 732.505, § 732.506 and § 732.515, Fla. Stat. (2026). Revocation by writing, revocation by act, separate writing identifying devises of tangible property.
- § 733.103, § 733.109 and § 733.212, Fla. Stat. (2026). Effect of probate, revocation of probate, notice of administration.
- § 731.103 and § 731.201, Fla. Stat. (2026). Evidence of death; general definitions.
- § 732.102 and § 732.103, Fla. Stat. (2026). Spouse's share and share of other heirs in an intestate estate.
- Ch. 2026-57, Laws of Fla. (CS/HB 1337), sections 1, 2 and 14, effective July 1, 2026.
- Fla. Prob. R. 5.030, 5.043, 5.200, 5.342, 5.3425 and 5.510, Florida Probate Rules, October 15, 2026 edition, The Florida Bar.
- In re Estate of Parker, 382 So. 2d 652 (Fla. 1980). Lost will; presumption of revocation; meaning of "correct copy." Opinion text read at static.case.law.
- Florida Department of Health, Death Certificates, accessed October 17, 2026.
- Florida Courts E-Filing Portal, accessed October 17, 2026.
— Common questions
What people ask us about this.
How long does someone have to file a will with the court after a death in Florida?
The custodian of a will must deposit it with the clerk of court having venue of the estate within 10 days after receiving information that the testator is dead (§ 732.901(1), Fla. Stat.). A court can compel production on petition and notice, and can award costs, damages and attorney's fees against a custodian who had no just or reasonable cause for not depositing it (§ 732.901(2)).
Can I open a safe-deposit box if it is only in the decedent's name?
Yes, in two ways. The spouse, a parent, an adult descendant, or a person named personal representative in a copy of a purported will may open the box with a bank officer present and remove only a will, burial-plot deed or burial instructions, and a life insurance policy (§ 655.935). Once a personal representative has letters of authority, the personal representative may open the box in the presence of two of the bank employee, the personal representative and the personal representative's attorney, and must file an inventory within 10 days (§ 733.6065(1); § 655.936(1), (3)). A court order under Fla. Prob. R. 5.3425 is a third route.
Can a copy of a will be probated in Florida?
Yes, as a lost or destroyed will. Under § 733.207 and Fla. Prob. R. 5.510, an interested person petitions to establish the will, gives formal notice to those who would take if there were no will, and proves the contents by two disinterested witnesses, or by one disinterested witness plus a correct copy. The Florida Supreme Court has held that a correct copy is an identical copy such as a carbon or photostatic copy (In re Estate of Parker, 382 So. 2d 652 (Fla. 1980)).
What if the original will cannot be found and no copy exists?
The contents can still be proved by two disinterested witnesses under § 733.207. The proponent must also overcome the presumption that a lost will was destroyed by the testator intending to revoke it (Parker). If the contents cannot be proved, the estate is administered as intestate under §§ 732.102 and 732.103.
How long should I search for a will before opening an intestate estate?
No statute or rule sets a number of days. Fla. Prob. R. 5.200(h) requires the petition for an intestate estate to state that, after reasonable diligence, the petitioner is unaware of any unrevoked will or codicil. Searching the home papers, the safe-deposit box, the drafting lawyer, the clerk of court and any electronic will custodian before filing supports that statement.
How do I find out whether the decedent left a will with the clerk?
Ask the clerk of the circuit court in the county where the decedent lived. A deposited original will is retained for at least 20 years in its original form (§ 732.901(4); Fla. Prob. R. 5.043). The clerk needs the decedent's date of death or the last four digits of the Social Security number, which are the identifiers a depositing custodian supplies.
What happens if a will is found after the estate was opened as intestate?
The will must still be admitted to probate before it proves title to anything (§ 733.103(1)). If a will is admitted after an estate is open, the personal representative promptly serves a new notice of administration (§ 733.212(7)). Objections to the validity of the will are due within 3 months after service of the notice on the objecting person (§ 733.212(3)).
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