Who Can Get a Copy of a Will in Florida?

That group includes heirs, beneficiaries named in the will, and the personal representative (often called an executor) once a court appoints one. Whether a particular person can get a copy also depends on whether probate has opened.

A copy usually reaches a person through one of three routes. The custodian must deliver the original to the court. The filed will then becomes part of the court file. The personal representative must also notify certain people. Each route works differently, so it helps to know which one fits your facts.

Short Answer: Who Can Get a Copy of a Will in Florida

Who may request a copy of a Florida will is a question of law that depends on the facts of each situation. That group includes heirs, beneficiaries named in the will, and the personal representative (often called an executor) once a court appoints one. Whether you can get a copy depends on the facts, including whether probate has opened.

A copy is tied to the probate process. Once a will is in the probate system, the people with a stake in it can see it. Before that, the original usually sits with whoever has custody of it, and that person has duties under Florida law.

Interested Persons and Beneficiaries Under Florida Law

An interested person is anyone who may reasonably be expected to be affected by the outcome of a probate case. A beneficiary who has received complete distribution is not an interested person. That definition comes from Fla. Stat. § 731.201. The statute also treats the personal representative as an interested person in any case that affects the estate or a beneficiary’s rights.

Florida defines a beneficiary as an heir at law when there is no will. Fla. Stat. § 731.201 reads: “The term “beneficiary” does not apply to an heir at law or a devisee after that person’s interest in the estate has been satisfied.” It defines a beneficiary as a devisee when there is a will. Heirs and named beneficiaries both have a direct stake in what the will says. A person named in a prior will can be an interested person if the outcome of the particular proceeding may reasonably be expected to affect that person.

Being a relative does not settle the question by itself. The statute asks whether the outcome may affect the person. A relative who receives nothing under the will may still have a legal stake, and a relative who receives something may not. Each situation turns on its own facts.

The personal representative has a duty to give notice. The notice of administration goes promptly to the surviving spouse, the beneficiaries, and anyone who may be entitled to exempt property, when those people are known. Under Fla. Stat. § 733.212, the personal representative shall promptly serve a copy of the notice of administration on the persons known to the personal representative, including the decedent’s surviving spouse. That notice also starts a short clock for objections, covered later on this page.

Who Keeps the Original Will and When It Must Be Delivered

The custodian of a will must deposit it with the clerk of court within 10 days after learning that the person has died. Fla. Stat. § 732.901 sets that duty. The custodian must also give the clerk the date of death or the last four digits of the person’s Social Security number.

Custodians come in many forms. The person who died may have used a lawyer who kept the original in a file. A family member may have kept it in a desk at home. It may sit in a safe deposit box or with a financial institution. Whoever holds the original has the duty, so finding that person is the first practical step.

Florida probate procedure sets a deadline for depositing a decedent’s will, as Fla. Stat. § 732.901 provides. If a custodian fails to deposit the will without just or reasonable cause, a court can act. Upon petition and notice, the court can compel the deposit. Costs, damages, and a reasonable attorney’s fee can be charged against the custodian who failed to deposit.

Once the will reaches the clerk, the clerk must keep the original in its original form for at least 20 years. That is true whether or not the will is admitted to probate.

Getting a Copy From the Probate File

A will submitted with a petition or other pleading counts as deposited with the clerk, under Fla. Stat. § 732.901. That puts the will into the probate record.

Some situations call for an authenticated copy. Florida law defines an authenticated copy as a certified copy or a copy authenticated under the federal rules. That definition appears in Fla. Stat. § 731.201. Under Fla. Prob. R. 5.215, an authenticated copy may be admitted to probate if the original could be admitted.

Coral Gables sits in Miami-Dade County, so probate records for a Coral Gables estate are kept by the Miami-Dade clerk. Confirm the current request steps directly with the clerk’s probate division. Having the decedent’s full name, the case number, and the date of death will help the clerk locate the file.

When the Original Will Cannot Be Found

A missing original will does not end the matter. Florida law allows an interested person to establish the full terms of a lost or destroyed will and offer it for probate. That rule appears in Fla. Stat. § 733.207. The specific terms must be proved by two disinterested witnesses. If a correct copy is provided, one disinterested witness can prove it.

A disinterested witness is a witness who has no stake in the estate. The court then weighs that testimony.

Some wills carry built-in proof. A self-proved will executed in accordance with this code may be admitted to probate without further proof, under Fla. Stat. § 733.201. Under s. 117.265, any failure to comply with the online notarization procedures does not impair the validity of the notarial act or the electronic record that was notarized, but may be introduced as evidence of violations or of possible fraud. Under Fla. Stat. § 733.201, a purportedly self-proved electronic will may be admitted to probate only in the manners prescribed in subsections (2) and (3) if there was a substantial failure to comply with the procedures in s. 117.265. A will executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any later date, when the testator acknowledges it and the witnesses make sworn affidavits before an authorized officer, as Fla. Stat. § 732.503 describes. The Florida Department of State’s notary FAQ on wills explains that self-proving a will can simplify probate.

Safe deposit boxes need care. Fla. Stat. § 733.6065 governs the first opening of a decedent’s leased box. It must happen in the presence of any two of: a bank employee, the personal representative, or the personal representative’s attorney. The personal representative must file the box inventory with the court within 10 days after the box is opened. Fla. Stat. § 733.6065 reads: “Unless otherwise ordered by the court, this inventory and the attached box entry record is subject to inspection only by persons entitled to inspect an inventory under s. 733.604(1).”

If you worry a document may have been altered, read about forged signature and handwriting examination in Florida.

When a Copy Is Refused or the Will Is Disputed

A refused copy request or a dispute over a will can move into court. Different remedies may apply, depending on what is in question. Some steps carry strict deadlines.

An interested person can file a caveat to alert the court. Under Fla. Stat. § 731.110, the court may not admit a will or appoint a personal representative until formal notice of the petition for administration has been served on the caveator or the caveator’s designated agent and the caveator has had the opportunity to participate in proceedings on the petition. A caveat filed before the person dies expires 2 years after filing.

Objections to a will have a clock. Under Fla. Stat. § 733.212, an interested person served with notice of administration must object to the will’s validity, venue, or jurisdiction within 3 months after service. Otherwise those objections are forever barred. All such objections must be filed no later than the earlier of a final discharge order or 1 year after service. A separate deadline applies to exempt property. Under Fla. Stat. § 733.212(2)(d), persons entitled to exempt property under s. 732.402 must file a petition for determination of exempt property by the later of 4 months after service of the notice of administration on them or 40 days after certain related proceedings end, or they are treated as having waived that claim. The 3-month period may be extended only for estoppel based on a personal representative’s misstatement of the deadline.

Fla. Stat. § 732.518 says an action to contest a will may not be commenced before the testator’s death.

Readers facing interference with an inheritance can read about suing a third party who interferes with an inheritance. Readers concerned about trust property can read about freezing trust assets during a dispute. Trust Counsel’s trust litigation attorney page covers Florida trust and probate disputes.

Talk With Trust Counsel, PL About Your Situation

Losing someone is hard. Looking for a will, or learning that a family member won’t share a copy, adds pressure to an already painful time. You don’t need to sort out the legal questions in one sitting.

This page is the responsibility of Leslie V. Marenco, a lawyer at Trust Counsel, PL. The firm’s only office is in Coral Gables, Florida. The firm’s lawyers include Leslie V. Marenco and Tanya Vega.

The first consultation is free, confidential, and carries no obligation to continue. To talk through the facts of your situation, call (305) 707-7126 or reach out through the contact page.

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