Chapter 740 — Digital Assets

Florida Statute 740.11

“Relation to wills”

What it means

Section 740.11 is a single sentence: no act taken pursuant to Chapter 740 is valid to affect the obligation of a person to deposit a will of a decedent as required under s. 732.901.

Under § 732.901(1), the custodian of a will must deposit it with the clerk of the court having venue of the decedent's estate within 10 days after receiving information that the testator is dead. Obtaining or locating a will through a request under Chapter 740 does not change that duty. The History line cites s. 39, ch. 2019-71, Laws of Florida.

— What it says

No act taken under Chapter 740 is valid to affect the obligation to deposit a decedent's will (§ 740.11).
The deposit obligation is the one in § 732.901 (§ 740.11).
The custodian of a will must deposit it with the clerk within 10 days after receiving information that the testator is dead (§ 732.901(1)).
The History line cites s. 39, ch. 2019-71 (§ 740.11).

Text of the statute (2026)

§ 740.11

No act taken pursuant to this chapter is valid to affect the obligation of a person to deposit a will of a decedent as required under s. 732.901.

Excerpts are the subsections the summary relies on. Read the full official text of § 740.11.

History. s. 39, ch. 2019-71.

— In a Florida probate

How it applies

Digital access under Chapter 740 can lead to a will stored in an account. Section 740.11 means that access does not alter the deposit duty: the custodian of the will must deposit it with the clerk of the court having venue within 10 days after receiving information that the testator is dead (§ 732.901(1)). The clerk must keep the original will in its original form for at least 20 years (§ 732.901(4)), and a custodian can be compelled to produce and deposit a will on petition and notice (§ 732.901(2)).

Where this shows up

Pages on this site where § 740.11 does real work:

Related sections

§ 732.901Production of wills § 732.502Execution of wills § 740.006Disclosure of content of electronic communications of deceased user § 740.007Disclosure of other digital assets of deceased user

Questions people ask

If a will is found in a decedent's email account, does it still have to be deposited with the clerk?

Yes. Florida Statute 740.11 provides that no act under the digital assets chapter affects the obligation to deposit a will under 732.901, which requires the custodian of the will to deposit it with the clerk within 10 days after learning of the testator's death.

Sources

Fla. Stat. § 740.11 (2026), Online Sunshine / Florida Senate (No act taken pursuant to this chapter is valid to affect the obligation of a person to deposit a will of a decedent.)
Fla. Stat. § 732.901 (2026) (10-day deposit duty, compulsion, and 20-year retention (§ 732.901(1), (2), (4)).)

Last checked: October 17, 2026

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 740.11

Published by the Probate.Help editorial team.How these pages are written and checked.