What do you do if a Florida will is lost? Well, it’s possible to have that lost will probated. You need to know one statute, one rule and one case. We have previously written about Lost Wills before. Now, let’s re-visit this subject and talk about what steps you need to take. How do you probate a Lost Will Florida? The Rules for Lost Wills There is a statute on probating a lost will. The entire Florida Probate Code is online and may be read for free. Zero in on Fla. Stat. 733.207. First, you need to have STANDING to probate a lost will. That means that you need some connection to the probate or the will. If you are a beneficiary or a nominated personal representative under the lost will. That can create standing. Next, you need to reveal the terms of the lost will precisely. You have to “establish” the will in “full and precise” terms. This means that you need some certainty. If you have a copy, that is a great start. But, there’s a lot more to do. Grab your cellphone or start writing emails. You need to prove the contents by two disinterested witnesses. The exception is if you have a “correct copy”, then one witness is OK. Finally, read the Florida Probate Rules. There is a specific rule on lost wills. Read Rule 5.510. You need to file a proper Petition. Take These Steps for a Lost Will Florida There is a 2012 5th […]