5 FAQ’s About a Lost or Destroyed Florida Will

Florida Probate law has a specific law on a lost Florida will and also a  destroyed Florida will.  Here are 5 frequently asked questions (FAQ’s) about a Florida lost or destroyed will.

1.  Can you probate the will if it’s lost?

A:  Yes, depending on a number of factors, many of which you need to prove at a probate trial, you may be able to probate a will that was lost. Florida estate law has specific laws on this.

2.   What if the will is destroyed?

A:   If a will was destroyed, you may be able to offer it for probate, but, again, you have to prove your case in a Palm Beach probate court.  No shortcuts.  You can’t just go into a Palm Beach Probate Court and tell the judge what happened.  There are important rules of “notice” and providing others with knowledge of what you want to do in the Palm Beach probate. You also have to prove your case, which is a lot more than just “explaining” things in probate court.   If there is no probate, you have to open a probate up.   During the terrible hurricanes in Palm Beach and Ft. Lauderdale in 2004 and 2005, many documents, indeed houses, were lost.   So , yes, you can “prove” that a will was destroyed.

3.   How do I prove that a Florida will was lost or destroyed?

A: Florida probate law has a specific method for proving a lost or destroyed will.  Check out Florida Probate Code Section 733.207, which you can view for free online.   You will need evidence, which means that you have to have a probate trial after filing a petition to establish a lost or destroyed will under the Florida Probate Code.    Get your notice to others correct.   Get your witnesses, testimony and evidence ready.

4.   What’s the “X” factor for a Florida petition to establish a lost or destroyed will?

A:   Be careful of the evidence issues that a probate litigator can warn you about.  Under Florida probate law, the law of Florida wills, there is a presumption that may “arise”:  if the person who wrote or signed the Florida will died with that will in her possession, there may be a legal or evidentiary presumption that the will was revoked.   For more on the hurdles of this Florida probate matter, ask your probate attorney who tries these types of probate lawsuits.

5.  What else should I know before I try to probate a lost or destroyed will in Florida?

A:   Are there other wills out there?  Prior in time?  Other Florida wills? What do they say?   If a will is lost or destroyed, a prior will may be “revived” or be given legal effect.   Know if there are other wills out there, and if there are, who has the originals, if they are valid….and…… who gets the inheritance?