Wills & Trusts FAQs | Florida Probate Law Firm

FAQs / Wills / Trusts

How Can I Find Out If There Was A Will?

For those wondering how to find out if someone has a will in Florida, it is unusual for a Last Will and Testament to be deposited with the court prior to death.

1) Search For the Will

Most original Wills are held by the decedent among their personal belongings, so the first place to search for a Will should be inside the decedent’s home, or possibly in a safe deposit box owned by the decedent.

2) Contact a Probate Attorney

You should also contact any estate planning attorney the decedent might have had during life in order to request a copy of the Will.

3) Search the Probate Court Docket

Once these routes have been exhausted, you can search the probate court docket for the decedent’s name in order to determine if someone deposited a Will, or if anyone initiated probate. The correct court to contact is the probate court located in the county of the decedent’s last residence. Most counties in Florida have probate court records available online. We have all probate court info on each of the county pages linked on our Florida Counties page.

4) Last Will and Testament Not on Public Record

Assuming there is no Last Will and Testament on the public record, many families would choose to move forward with an intestate probate administration. If you are certain there is a Will and/or Revocable Trust but the interested parties will not provide you with a copy, you can consult an experienced probate litigation attorney regarding petitioning the probate court to force production of the document. Keep in mind, you must be an interested party to make such a request.

It is important those searching for how to find out if someone has a will know the following:

If you are not named in the Last Will and Testament as a beneficiary, you are generally not entitled to a copy simply because you make a request in Florida.

How an Experienced Probate Attorney Can Help

If you’re thinking there must be some sort of centralized database or website where you can find a list of the deceased’s assets, you’d be wrong. If the decedent didn’t provide the information to their estate planning attorney, often the family will need to search through the decedent’s residence for the relevant paperwork. Persistent legwork and digging is the main source of uncovering the necessary information. The Florida Probate Firm offers the additional services of professional asset searches for bank accounts, brokerage accounts and life insurance policies, which is optional for our clients.

The assistance and guidance of an experienced probate attorney can make the process a lot less burdensome on yourself and your family. As you uncover outstanding assets, your probate lawyer can assist in creating an accurate accounting of the deceased’s assets and liabilities and help you submit the documentation necessary to comply with state probate laws.

Florida Probate Law Firm

For assistance with this and any other probate matter in Florida contact the Florida Probate Law Firm to arrange a free consultation with an experienced Florida probate and estate planning attorney.

Give the Florida Probate Law Firm a call at (561) 210-5500. We look forward to serving you.

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