The standard process for probate in Florida requires a decedent’s actual, physical Will. When that document goes missing, all hope isn’t lost. Depending on the unique circumstances of the disappearance, the court might be persuaded to accept an alternative, like a photocopy. Ultimately, it comes down to whether you can prove that the original Will wasn’t intentionally revoked by the testator. Please continue reading to learn how Florida judges handle lost or destroyed Wills, what must be proven, what happens if the contents cannot be established, and how a seasoned Broward County Wills Lawyer | The Probate Lawyers can help protect your legacy.
Can a Lost Will Be Admitted to Probate in Florida?
Contrary to popular belief, a Will can be admitted to probate in Florida. Probate is the court-supervised process required to settle a deceased individual’s estate, which includes proving the Will’s validity and its contents. For a lost Will to be admitted and enforced, you must first overcome the legal hurdle of proving that the original document was not intentionally revoked by the testator.
In Florida, if the decedent had the Will in their possession before passing and it cannot be located, the law presumes they destroyed it with the intent to revoke it. As such, you must produce competent, substantial evidence to demonstrate it was simply lost, misplaced, or accidentally ruined, rather than being intentionally revoked.
Who Can Petition to Establish a Lost Will?
Generally, any “interested person” with a stake in the estate (usually a beneficiary, heir, or named personal representative) can petition the probate court to establish a lost or destroyed Will. In certain circumstances, a creditor may also be eligible to file the petition.
Given the fact that the original cannot be produced, Florida Statute § 733.207 requires a formal proceeding where you must provide clear proof of the Will’s terms. If you have a photocopy of the missing Will, its specific contents must be verified by the testimony of one disinterested witness. If no copy exists, the contents must be strictly proved by two disinterested witnesses. Additionally, formal notice of this petition must be sent to all heirs who stand to inherit if the Will is rejected.
What Happens If You Can’t Prove the Will’s Content?
In the unfortunate event that a lost or destroyed Will cannot be proven to the court’s satisfaction, the court will assume that the testator intentionally revoked it. When this happens, the estate will proceed through Florida’s intestate succession laws. Essentially, the state will be responsible for the distribution of assets, potentially disregarding the deceased’s wishes. To prevent intestate succession, you will need to present clear and convincing evidence of the Will’s validity and contents.
As you can see, a lost or destroyed Will won’t necessarily invalidate your estate plan. However, you will need to prove its validity and provisions. To prevent the estate from being treated as intestate, it’s in your best interest to contact a knowledgeable attorney at The Probate Lawyers. Connect with our firm today to schedule a consultation.
