What happens if we cannot find the decedentís will?

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In an ideal scenario, the original version of the Last Will & Testament will be deposited with the court when probate proceedings are first initiated. In the event that the original Last Will & Testament cannot be located, a copy can be submitted to the court and a few additional pleadings will need to be submitted in order to verify the authenticity of the document. In order for a copy of a Will to be admitted to probate in Florida, one of the witnesses that was present for the original execution must execute an ìOath of Witnessî attesting to the authenticity and this document must be signed in front of a probate clerk, often forcing the witness to travel to the local courthouse. If the witness is located out of state, then a commissioner can be appointed to act in lieu of the probate clerk. A commissioner is just a title given to a notary that has been designated and approved by the probate judge to take the Oath of the Witness. Most families are advised to look for the decedentís Last Will & Testament in the following places: 1.) The decedentís home or last residence. 2.) Safe deposit box leased by the decedent. 3.) The attorneyís office which drafted the estate planning documents. Family members are often surprised to learn that Florida has no central depository for Wills to be held prior to the death of the decedent. While traditionally the estate planning attorneyís office would hold onto the original Wills for their clients, the more modern practice is to release the original documents to the client once the documents are executed and services are complete. If the Last Will & Testament is never found and it is believed that the original Will was last in the possession of the decedent, the default legal assumption is that the testator intentionally destroyed the Will. In this scenario, the surviving family members should move forward with initiating an intestate probate proceeding. If a Will is subsequently discovered, it can be deposited with the court and the judge will decide if it should be admitted to probate. Contact Florida Probate Law Firm for a Free Consultation today at 561-210-5500.

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