Florida Statute 732.901
“Production of wills”
What it means
Section 732.901(1) requires the custodian of a will to deposit the will with the clerk of the court having venue of the decedent's estate within 10 days after receiving information that the testator is dead. On deposit, the custodian must supply the testator's date of death or the last four digits of the testator's Social Security number.
Subsection (2): on petition and notice, a custodian may be compelled to produce and deposit the will. If the court finds the custodian had no just or reasonable cause for failing to deposit it, all costs, damages, and a reasonable attorney's fee are adjudged to the petitioner against the custodian.
Subsection (3): an original will submitted to the clerk with a petition or other pleading is deemed deposited. Subsection (4): the clerk retains the original for at least 20 years, and storing it in electronic or other substitute form does not eliminate that requirement. Subsection (5): “will” includes a separate writing described in s. 732.515.
- Deadline: 10 days after the custodian receives information that the testator is dead (§ 732.901(1)).
- Deposit is with the clerk of the court having venue, with the date of death or last four digits of the testator's Social Security number (§ 732.901(1)).
- On petition and notice, a custodian can be compelled to produce and deposit the will (§ 732.901(2)).
- Without just or reasonable cause for the delay, the custodian owes costs, damages, and a reasonable attorney's fee (§ 732.901(2)).
- An original will submitted with a petition or other pleading is deemed deposited (§ 732.901(3)).
- The clerk keeps the original for at least 20 years; electronic or other substitute storage does not eliminate that requirement (§ 732.901(4)).
Text of the statute (2026)
(1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to the clerk upon deposit.
(2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will. All costs, damages, and a reasonable attorney’s fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will.
(3) An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk.
(4) Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be retained in its original form for the remainder of the 20-year period whether or not the will is admitted to probate or the proceedings are terminated. Transforming and storing a will on film, microfilm, magnetic, electronic, optical, or other substitute media or recording a will onto an electronic record-keeping system, whether or not in accordance with the standards adopted by the Supreme Court of Florida, or permanently recording a will does not eliminate the requirement to preserve the original will.
(5) For purposes of this section, the term “will” includes a separate writing as described in s. 732.515.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.901.
History. s. 1, ch. 74-106; s. 44, ch. 75-220; s. 18, ch. 92-200; s. 972, ch. 97-102; s. 59, ch. 2001-226; s. 8, ch. 2013-172.
How it applies
The deposit duty in subsection (1) belongs to the custodian of the will and runs from the time the custodian receives information that the testator is dead. It does not depend on whether anyone has filed a petition for administration. Under subsection (3), an original will submitted to the clerk with a petition or other pleading is deemed deposited. If a custodian does not deposit the will, subsection (2) allows a petition to compel production, with costs, damages, and a reasonable attorney's fee against a custodian who had no just or reasonable cause.
Where this shows up
Pages on this site where § 732.901 does real work:
- What to do in the first 72 hours after a death in Florida
- Do I need probate in Florida? Which assets and estates skip it
- Florida probate timeline 2026: deadlines and steps from death to discharge
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Florida intestate succession: who inherits when there is no will, the spouse's share, descendants, parents, siblings and other relatives, the homestead, who is not an heir and steps to settle the estate
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- Will contest in Florida: grounds, deadlines and the 3-month objection period
- Probate vs trust administration in Florida: differences, steps and deadlines
- Disposition without administration in Florida under § 735.301: who qualifies, limits and filing steps
Questions people ask
Sources
- Fla. Stat. § 732.901 (2026) (Entire section: subsections (1)-(5).)
- Fla. Stat. § 732.515 (2026) (Cross-referenced in subsection (5): separate writing identifying devises of tangible property.)
Last checked: October 17, 2026
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