Question 1

Are wills public record in Florida?

Accepted Answer

Yes. After a person passes away, Florida law requires the custodian of the original will to file it with the probate court in the county where the decedent lived at the time of death. Under Fla. Stat. § 732.901(1), the custodian must deposit the will with the clerk of the circuit court within 10 days of learning of the death. Once filed, the will becomes part of the public probate record and is generally accessible to anyone.

Question 2

Can you file or register a will before death in Florida?

Accepted Answer

No. Florida does not have a centralized will registry or allow pre-filing for safekeeping during a person’s lifetime. Wills remain private and confidential until the testator’s death. After death, the original will must be filed with the probate court in the county of residence, such as the Palm Beach County Probate Division if the person lived in Boca Raton.

Question 3

How can someone view a will after it has been filed?

Accepted Answer

Once a will is filed with the clerk of court, it becomes a public document. Anyone can review the will by visiting the probate courthouse in person or by requesting a certified copy from the clerk’s office. Many Florida counties, including Broward, Miami-Dade, and Palm Beach, offer online search tools that allow the public to look up probate case dockets by name or case number.

Question 4

Who is entitled to receive a copy of the will?

Accepted Answer

Beneficiaries, heirs, and other interested persons are entitled to receive notice and a copy of the will once probate begins. Under Fla. Prob. R. 5.240, the personal representative or their attorney must formally notify beneficiaries and interested parties. You can also request a copy by contacting the estate’s attorney, the personal representative, or directly from the clerk of the circuit court where the will was filed.

Question 5

What if I believe a will exists but has not been filed?

Accepted Answer

If you believe a will exists but probate has not yet been opened, you can petition the court to compel the custodian to file the will as required by Fla. Stat. § 732.901(1). A Florida probate attorney can assist with filing this petition and ensuring the will is properly submitted to the clerk of court.

Question 6

Are wills confidential before death?

Accepted Answer

Yes. Before the testator’s death, wills are private and confidential. No one—including family members or potential beneficiaries—has a legal right to view the will unless authorized by the testator. After death and filing, the document becomes public record unless sealed by court order, which is rare in Florida.

Question 7

How can a Florida probate attorney help with locating or accessing a will?

Accepted Answer

A Florida probate attorney can search county court records to confirm if a will has been filed, file motions to compel production of a will, represent beneficiaries or interested parties, and guide families through opening probate and protecting their rights. Florida Probate Law Firm, PLLC assists clients statewide with locating wills, opening estates, and ensuring compliance with Florida probate laws. Contact us online for a free consultation with an experienced Florida probate lawyer.

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