Do Potential Heirs Need to Be Notified About a “Lost” Will in Florida?

During the Florida probate process, a decedent’s will must be filed with the court. Of course, there are cases where a person’s original, signed will may be lost or “go missing” and cannot be found. It is possible to admit a lost or missing will to probate under Florida law. But there are certain procedures that must be followed.

Florida Court Rejects Attempt to Undo Probate

A June 2025 decision from the Florida Second District Court of Appeal, Property Solutions Powerhouse, LLC v. Nelson, illustrates one type of procedural issue that can arise in missing will cases. This case involved the administration of a woman (the decedent) who owned her primary residence (homestead) at the time of her death. The decedent was not married and had no surviving children or other descendants.

A friend of the decedent, the petitioner in this case, subsequently sought to open a probate estate. The petitioner claimed the decedent’s original will was lost and proposed to admit a copy, which left the entire estate to said petitioner. As relevant here, the estate included the proceeds of the sale of the decedent’s homestead. The property was secured by mortgage at the time of the decedent’s death; the lender subsequently foreclosed and sold the property at auction, leaving the surplus proceeds to the estate.

The probate court admitted the lost will and awarded the homestead proceeds to the petitioner. Sometime later, however, a limited liability company (LLC) filed a motion to void the admission of the will. The LLC alleged that the decedent was survived by a number of cousins, several of whom had assigned any inheritance rights they might have in the estate to the LLC. The LLC maintained that those heirs were entitled to “formal notice” of the original proceeding to admit the lost will. Since they never received such notice, the LLC insisted, there was no valid probate.

The Second District disagreed. It affirmed the trial court’s rulings in this case. The appellate court said that the LLC “failed to demonstrate that [the decedent] had intestate heirs who assigned their rights.” Indeed, the LLC did not provide actual, notarized assignments from any of the alleged heirs.

Additionally, the Second District rejected the LLC’s position that the proceeds from the sale of the decedent’s homestead should have passed to the intestate heirs. Since the decedent had no spouse or children, she was free to “devise” her homestead to anyone, including a non-heir, in her will. The probate court therefore acted appropriately in following the instructions in the admitted copy of the will.

Contact a Davie Lost Will or Multiple Wills Lawyer Today

Because wills generally remain private documents until the testator’s death, it is not uncommon for situations to arise over lost, missing, or even purported multiple wills. If you need legal advice in sorting out such a dispute and need representation from a qualified Davie lost will or multiple wills attorney, contact Valero Law today at 305-607-7011 to schedule a free consultation. We serve clients in Davie, Broward County, Coconut Grove and Miami-Dade County.

Source:

scholar.google.com/scholar_case?case=887491137084825207