What Happens When A Will Is Lost In Florida?
You may have heard your loved one speak about their will or, perhaps you have even seen a copy of it. Now they have passed away and no one can find the original will. This is a very stressful situation particularly if there is real property, bank accounts, or personal property in your loved one’s estate that must now be distributed among beneficiaries. In Florida, a lost will does not mean that your loved one’s wishes will not be respected. However, it can significantly change the probate process. Below, our Daytona Beach estate administration attorney explains in greater detail.
Will the Probate Courts Accept a Copy of a Will?
In certain cases, the probate courts will accept a copy of a will. To submit a copy of a will, the personal representative must prove the following elements:
- The will was executed properly
- The specific contents within the will
- The decedent did not revoke the will before their death
State law requires that the content of a destroyed or lost will be proven by the testimony of two witnesses who do not have an interest in the estate. However, when a copy of a will is found, the testimony of just one witness without an interest in the estate is required. These legal challenges are sometimes very difficult to meet, particularly if witnesses are not available if the will was not shared with anyone outside of the decedent’s household.
What Happens if a Will is Never Found?
If you cannot find the original will and a copy of the document cannot be verified, the courts will treat the matter as though the individual died intestate. This means that Florida’s intestate succession laws will dictate which beneficiaries receive a certain percentage of the estate.
If there is a surviving spouse, they will receive a substantial share of the estate. Surviving children, if there are any, will then receive the remaining shares, dividing them among biological and adopted children. When there is not a surviving spouse or children, the parents, siblings, or other interested heirs may receive the estate.
Why Cases of Lost Wills are Complex
Probate always has the potential to become confusing, but this is particularly true when a will is lost. The challenges that may arise in these situations are as follows:
- Disputes may arise among family members regarding the wishes of the deceased
- A beneficiary may present a photograph of a will that benefits one heir over the others
- Allegations may be made regarding incapacity or undue influence
- Trust litigation may be required regarding other estate planning documents that were previously drafted
Our experienced attorney can help you overcome these challenges if they arise.
Our Estate Administration Attorney in Daytona Beach Can Help You Through the Process
A lost will is just one issue that can make the probate process more complex. At Bundza & Rodriguez, our Daytona Beach estate administration attorney can guide you through it and help you overcome any challenges that arise so the process is as easy as possible for you. Call us today at 386-252-5170 or fill out our online form to request a consultation and to get the sound advice you need.
Source:
leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.207.html
