{"id":6249,"date":"2026-10-30T02:43:55","date_gmt":"2026-10-30T02:43:55","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/who-is-entitled-to-a-copy-of-a-will-in-florida\/"},"modified":"2026-11-04T05:54:24","modified_gmt":"2026-11-04T05:54:24","slug":"who-is-entitled-to-a-copy-of-a-will-in-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/who-is-entitled-to-a-copy-of-a-will-in-florida\/","title":{"rendered":"Who Is Entitled to a Copy of a Will in Florida"},"content":{"rendered":"\n
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Florida Probate and Trusts | Coral Gables<\/p>

Who Can Get a Copy of a Will in Florida?<\/h1>

Trust Counsel, PL focuses on probate and trust matters for beneficiaries, heirs and fiduciaries. Learn who may ask for a will and what to do next.<\/p>

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By Leslie V. Marenco \u00b7 Published October 29, 2026<\/p>\n\n

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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.<\/p>\n

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.<\/p>\n

Short Answer: Who Can Get a Copy of a Will in Florida<\/h2>\n

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.<\/p>\n

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.<\/p>\n\n

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If you're holding a family member's will or can't find one, you don't have to work out the next steps alone. Talk with Trust Counsel, PL about your facts. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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Interested Persons and Beneficiaries Under Florida Law<\/h2>\n

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. \u00a7 731.201<\/a>. The statute also treats the personal representative as an interested person in any case that affects the estate or a beneficiary’s rights.<\/p>\n

Florida defines a beneficiary as an heir at law when there is no will. Fla. Stat. \u00a7 731.201<\/a> reads: “The term \u201cbeneficiary\u201d does not apply to an heir at law or a devisee after that person\u2019s 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.<\/p>\n

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.<\/p>\n

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. \u00a7 733.212<\/a>, 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.<\/p>\n

Who Keeps the Original Will and When It Must Be Delivered<\/h2>\n

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. \u00a7 732.901<\/a> 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.<\/p>\n

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.<\/p>\n

Florida probate procedure sets a deadline for depositing a decedent’s will, as Fla. Stat. \u00a7 732.901<\/a> 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.<\/p>\n

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.<\/p>\n

Getting a Copy From the Probate File<\/h2>\n

A will submitted with a petition or other pleading counts as deposited with the clerk, under Fla. Stat. \u00a7 732.901<\/a>. That puts the will into the probate record.<\/p>\n

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. \u00a7 731.201<\/a>. Under Fla. Prob. R. 5.215<\/a>, an authenticated copy may be admitted to probate if the original could be admitted.<\/p>\n

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.<\/p>\n

When the Original Will Cannot Be Found<\/h2>\n

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. \u00a7 733.207<\/a>. The specific terms must be proved by two disinterested witnesses. If a correct copy is provided, one disinterested witness can prove it.<\/p>\n

A disinterested witness is a witness who has no stake in the estate. The court then weighs that testimony.<\/p>\n

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. \u00a7 733.201<\/a>. 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. \u00a7 733.201<\/a>, 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. \u00a7 732.503<\/a> describes. The Florida Department of State’s notary FAQ on wills explains<\/a> that self-proving a will can simplify probate.<\/p>\n

Safe deposit boxes need care. Fla. Stat. \u00a7 733.6065<\/a> 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. \u00a7 733.6065<\/a> 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).”<\/p>\n

If you worry a document may have been altered, read about forged signature and handwriting examination<\/a> in Florida.<\/p>\n

When a Copy Is Refused or the Will Is Disputed<\/h2>\n

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.<\/p>\n

An interested person can file a caveat to alert the court. Under Fla. Stat. \u00a7 731.110<\/a>, 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.<\/p>\n

Objections to a will have a clock. Under Fla. Stat. \u00a7 733.212<\/a>, 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. \u00a7 733.212(2)(d)<\/a>, 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.<\/p>\n

Fla. Stat. \u00a7 732.518<\/a> says an action to contest a will may not be commenced before the testator’s death.<\/p>\n

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

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Not sure what your next step is?<\/h3>

Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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Talk With Trust Counsel, PL About Your Situation<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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<\/a>.<\/p>\n

Frequently Asked Questions<\/h3>
Can any family member ask for a copy of a will in Florida?<\/summary>

Not every family member qualifies. Under Fla. Stat. \u00a7 731.201<\/a>, an “interested person” is any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. The term does not include a beneficiary who has received complete distribution.<\/p><\/details>

Who keeps the original will?<\/summary>

The custodian keeps it until it is deposited with the clerk. The custodian must deposit it within 10 days after learning of the death.<\/p>

Submitting it with a probate petition counts as deposit.<\/p><\/details>

What if the original will is lost?<\/summary>

Florida law allows an interested person to prove a lost or destroyed will through disinterested witnesses.<\/p><\/details>

How long do I have to object to a will in Florida?<\/summary>

Generally, you have 3 months after you are served with the notice of administration. The outer limit is 1 year after service.<\/p><\/details><\/article>\n