Legal Question in Wills and Trusts in Florida

I only have a copy of the will for my Father, cannot locate the original, now what?

Asked on 7/23/13, 8:20 am

3 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

You should contact a probate attorney. If no original of the will exists the court MAY accept a copy. Depending on the assets at issue, a Probate action will likely be required and the Personal Representative will need legal representation during the process.

It is possible that someone else has the original, and if so then that should be provided to the court. In any event you should consult with a probate attorney to determine the next steps.

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Answered on 7/23/13, 8:26 am

David Slater David P. Slater, Esq.

The court should accept it with an explanation. Who prepared it?

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Answered on 7/23/13, 8:39 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You can try to probate what you have and notify all appropriate parties. There is a presumption that a missing original means it was destroyed. The provisions in the will you have will be part of the facts the court will utilize to determine whether it is probated or not. If not, then property would pass by intestacy, without a will per statute.

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Answered on 7/23/13, 8:42 am

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