Can a Copy of a Last Will and Testament Be Admitted To Probate in Florida?

Sometimes, a loved one passes away, and while everyone knows they had a Will, the original document cannot be found. Maybe it was misplaced, accidentally destroyed, or the testator didn’t store it securely. This situation can create confusion and stress during an already difficult time. In Florida, the law generally requires the original will to be filed with the court, but what if all you have is a copy? Is that enough to move forward with probate?

Admitting a Copy of a Will in Florida

A copy of a will can be admitted to probate in Florida, but only under specific conditions. When the original cannot be located, the process becomes what’s known as restoring a lost or destroyed will. Under Florida law, the person seeking to probate the copy must file a petition explaining that the original document is missing and that it wasn’t intentionally revoked.

What Do You Need To Prove?

The key issue is not just that a will existed, but what its contents were. If you have a copy of the will, the process may be a bit easier. You will need:

• A “correct copy” of the will
• Testimony from at least one disinterested witness who can confirm the copy reflects the original as per Florida Statute Section 733.207.

A disinterested witness is someone who doesn’t stand to benefit from the estate. Their role is to help verify that the document presented to the court is a true representation of the original will.

If no copy exists, the burden becomes much heavier. You may need testimony from two witnesses who can clearly describe the terms of the will. This is something that’s often quite challenging to demonstrate.

What Does a Copy Mean?

A “copy” of a will doesn’t mean just any version of the document. A “correct” copy is one that accurately reflects the original will that the decedent signed. It should be an identical reproduction of the original document’s contents.

Not all copies are treated the same. For example, in In re Estate of Parker, the court refused to admit a document that wasn’t an exact copy. The version presented was unsigned and contained minor differences from the original, including minor changes to the beneficiary addressed. While the differences were minor, the court found the document unreliable for probating.

On the other hand, in Kero v. DiLegge, the court allowed an unsigned carbon copy of a will to be admitted. The key difference was that the copy accurately reflected the original, and a witness was able to testify that it was a true and correct version of what had been signed.

The Presumption of Revocation

Even if you can prove the contents of a will, there is another hurdle. Florida law may presume that a missing original will was intentionally destroyed by the testator.

This presumption typically arises if the will was last known to be in the decedent’s possession. To overcome it, you must present evidence showing the will was lost or destroyed by accident, not revoked.

Contact Us for Legal Help

If you are dealing with a lost or missing will,  contact our Davie probate & estate litigation lawyers at Valero Law today by calling 305-607-7011. We can help you gather the necessary evidence and protect your rights in court. We serve clients in Davie, Broward County, Coconut Grove, and Miami-Dade County.

Source:

scholar.google.com/scholar_case?case=2070635126898661623&q=Kero+v.+DiLegge&hl=en&as_sdt=4,10