How to File a Will in Florida: Requirements and Practical Steps

How to File a Will in Florida

If you are looking for how to file a will in Florida, the first step is to understand that Florida law distinguishes between depositing a will with the clerk of court and opening a probate case.

After the death of a person who made a will, the custodian of the will generally must deposit the original document with the clerk of the court in the county where the deceased person’s estate is administered. Florida law requires the custodian to deposit the will within 10 days after receiving information that the testator has died. The original will submitted with a petition or other pleading is also considered deposited with the clerk.

Depositing the will does not necessarily complete the probate process. If the estate contains assets that require court administration, an interested person or proposed personal representative may need to file a separate petition to begin probate.

What Does Filing a Will Mean in Florida?

In everyday language, filing a will usually means delivering the deceased person’s original will to the appropriate court clerk.

In Florida probate law, the process may involve two related actions:

Deposit the original will: The will is submitted to the clerk for safekeeping and official recordkeeping.
Admit the will to probate: A petition is filed asking the probate court to recognize the will as valid and authorize administration of the estate.

The distinction matters because simply filing or depositing a will does not automatically transfer property to beneficiaries or appoint someone to manage the estate.

Where Do You File a Will in Florida?

A will is generally filed with the clerk of the circuit court in the county that has venue over the deceased person’s estate.

In most cases, this is the county where the deceased person lived at the time of death. Florida Courts explains that probate proceedings are filed with the clerk of the circuit court, usually in the county where the decedent lived when they died. A filing fee may apply when opening a probate proceeding.

The appropriate county may require additional analysis when:

The deceased person lived outside Florida.
The deceased person recently moved.
The person owned real estate in several states.
The estate involves ancillary administration.
The deceased person’s legal residence is disputed.

If you are uncertain about venue, contact the clerk of the circuit court in the county where the deceased person was domiciled or obtain advice from a Florida probate attorney.

Who Must File or Deposit a Will?

Florida law places responsibility on the custodian of the will.

A custodian may be:

The person who physically holds the original will.
A family member storing the document.
An attorney who prepared or retained the will.
A qualified custodian of an electronic will.
Another person legally responsible for maintaining the document.

Under Florida Statutes section 732.901, the custodian must deposit the will with the appropriate clerk within 10 days after receiving information that the testator has died. The custodian must also provide the testator’s date of death or, upon deposit, the last four digits of the testator’s Social Security number as required by the statute.

The responsibility to deposit the will is separate from the question of who should serve as personal representative.

How to File a Will in Florida After Someone Dies

The following steps provide a general overview of the process.

Step 1: Locate the original will

Search for the original signed document before submitting anything to the court.

Possible locations include:

The deceased person’s home.
A safe-deposit box.
An attorney’s office.
A professional estate-planning storage service.
A court deposit system.
A trusted family member’s records.

Look for all related documents, including:

Codicils.
Amendments.
Memoranda concerning personal property.
Trust documents.
Later wills.

Do not assume that a photocopy is equivalent to the original. Florida law specifically addresses the preservation and production of original wills.

Step 2: Confirm the date of death

Obtain reliable information showing when the testator died.

A certified death certificate may be needed when opening probate, although the exact filing requirements depend on the type of proceeding and local court procedures.

Step 3: Identify the correct Florida county

Determine where the deceased person was legally domiciled at death.

Usually, the filing location is the county of residence. If the deceased person lived outside Florida but owned Florida property, a different probate procedure may apply.

Step 4: Contact the circuit court clerk

Locate the probate division of the appropriate Florida circuit court clerk.

Ask about:

How to deposit an original will.
Whether a form is required.
Whether an appointment is necessary.
Whether documents may be submitted by mail.
Whether electronic filing is required for attorneys.
Whether filing fees apply to the particular proceeding.

Procedures can differ between counties, so it is important to follow the instructions of the specific clerk.

Step 5: Submit the original will

Provide the original signed will to the clerk according to the court’s filing instructions.

Florida law states that an original will submitted with a petition or other pleading is deemed deposited with the clerk. The statute also requires the clerk to preserve the original will in its original form for at least 20 years.

Step 6: Keep proof of submission

Request or retain evidence showing that the will was deposited.

This may include:

A clerk-stamped copy.
A filing receipt.
A case number.
A confirmation of electronic submission.
Mailing or delivery records.

Keeping proof can help avoid confusion about whether the original document was properly filed.

Step 7: Determine whether probate must be opened

After the will is deposited, determine whether the deceased person’s assets require probate administration.

A probate proceeding may be necessary when assets were owned solely by the deceased person and do not have another automatic transfer arrangement.

Assets that may pass outside probate include certain:

Jointly owned assets.
Life insurance policies with beneficiaries.
Retirement accounts with beneficiaries.
Payable-on-death accounts.
Assets held in a trust.

The presence of a will does not automatically eliminate the need for probate.

What Documents Are Needed to File a Will in Florida?

The requirements depend on whether you are merely depositing the will or opening a probate case.

For depositing a will

The most important document is generally:

The original will.

The clerk may also request information identifying the deceased person and the date of death.

For opening probate

A probate petition may require additional documents, such as:

Certified death certificate or other evidence of death.
Original will and codicils.
Petition for administration.
Information about heirs.
Information about beneficiaries.
Proposed personal representative information.
Bond or waiver documents where applicable.
Notices and affidavits required by Florida law or local court procedure.

Florida probate rules include provisions concerning pleadings, evidence of death, proof of wills, authenticated copies, and notice of administration.

Does Florida Require the Original Will?

Generally, Florida places particular importance on the original will.

Florida Statutes section 732.901 requires the custodian to deposit the will with the clerk and requires preservation of the original document. The statute provides that electronic or substitute storage does not eliminate the requirement to preserve the original will.

A copy may sometimes be admitted under limited circumstances, but the procedure can be more complicated.

Florida Probate Rule 5.215 provides that an authenticated copy of a will may be admitted to probate if the original could be admitted to probate in Florida.

If the original will cannot be found, do not recreate or alter a copy. Seek guidance about the procedures for lost or destroyed wills.

What Happens If the Original Will Is Lost?

A missing original will does not necessarily mean that the deceased person’s wishes cannot be considered, but additional legal issues may arise.

The court may need to determine:

Whether the original will existed.
Whether the deceased person intentionally revoked it.
Whether the copy accurately reflects the original.
Whether witnesses can verify the document.
Whether the circumstances support probate of a lost or destroyed will.

Florida Statutes section 733.207 addresses the establishment and probate of lost or destroyed wills. The process may require additional evidence and should not be treated as identical to filing an original will.

Can You File a Will Before Someone Dies in Florida?

A will is generally not filed for probate before the testator’s death.

However, Florida law allows certain wills to be deposited or maintained through authorized procedures during the testator’s lifetime.

The purpose of filing a will after death is different: it places the document before the appropriate court or clerk so that the estate process can proceed.

A person should not assume that depositing a will during life eliminates the need for post-death probate procedures.

Does Filing a Will Automatically Start Probate?

No.

Depositing a will and opening probate are separate steps.

A clerk may receive and retain the original will without a full probate administration being opened immediately. Whether a probate case is necessary depends on the deceased person’s assets and circumstances.

If probate is required, the interested person or proposed personal representative may need to file a petition requesting administration and admission of the will to probate.

Florida Courts describes probate as a court-supervised process involving the clerk and circuit court, with filing requirements and fees that depend on the proceeding.

How to File a Will in Florida Without Opening Probate

In some situations, a will may be deposited with the clerk even when a full probate administration is not immediately necessary.

For example, an estate may involve assets that pass automatically to another person or may qualify for a simplified procedure.

However, filing a will without opening probate does not necessarily mean that every estate obligation has been resolved.

Before deciding that probate is unnecessary, review:

Ownership of bank accounts.
Real estate ownership.
Beneficiary designations.
Joint ownership arrangements.
Outstanding debts.
Estate taxes, if applicable.
Potential claims against the estate.

A person should not avoid probate solely because a will exists.

Florida Will Filing Fees

The cost depends on what action is being taken.

Depositing a will

Some Florida clerk offices state that depositing a will alone does not require a filing fee.

For example, Broward County’s Clerk of Courts explains that there is no fee to deposit a will with the clerk, although probate proceedings may involve separate fees.

Opening probate

A probate administration generally involves court filing fees.

Florida Courts confirms that a filing fee is required for probate proceedings and should be paid to the clerk.

The amount may depend on the type of administration and the applicable county or state fee schedule.

Attorney fees

Hiring an attorney is not always required for every probate matter, but attorney fees may apply if legal representation is used.

Fees can depend on:

Estate value.
Probate complexity.
Whether the will is contested.
The amount of legal work required.
Whether multiple proceedings are necessary.

Can a Family Member File a Will in Florida?

Yes, a family member who has custody of the original will may have a legal responsibility to deposit it with the appropriate clerk.

The person who files the will does not automatically become the executor or personal representative.

The court may appoint the person nominated in the will if that person is legally qualified and the applicable requirements are satisfied. If the nominated person cannot serve, the court may appoint another qualified representative according to Florida law.

Can an Attorney File a Will in Florida?

Yes.

An attorney may deposit a will on behalf of a client or estate, subject to applicable Florida filing procedures.

Some Florida clerks require attorneys to use the Florida Courts E-Filing Portal for certain submissions. Broward County, for example, provides separate instructions for attorneys and self-represented individuals concerning will deposits and original documents.

The attorney should follow the current instructions of the clerk handling the estate.

Florida Electronic Wills

Florida recognizes electronic wills under specific statutory requirements.

The Florida Probate Code includes provisions concerning:

Electronic wills.
Electronic signatures.
Self-proof of electronic wills.
Qualified custodians.
Electronic filing.
Certified paper copies of electronic wills.

Florida Statutes section 732.526 provides that an electronic will filed electronically with the clerk through the Florida Courts E-Filing Portal is treated as deposited with the clerk as an original electronic will. It also allows a paper copy certified by a notary as a true and correct copy of the electronic will to be offered for probate.

Electronic wills should not be confused with ordinary scanned copies of paper wills. The legal requirements and storage procedures may differ.

What If the Will Was Created in Another State?

A will created in another state may still be relevant to a Florida estate, but the court must determine whether it satisfies the requirements for probate in Florida.

This issue may arise when a deceased person:

Moved to Florida after signing a will.
Owned property in Florida.
Maintained residence in another state.
Had a will prepared by an out-of-state attorney.

Florida Probate Rule 5.215 addresses authenticated copies of wills and provides that an authenticated copy may be admitted to probate if the original could be admitted under Florida law.

If the estate involves multiple states, ancillary administration or additional filings may be required.

What Happens After the Will Is Filed?

After the original will is deposited, the next steps depend on whether probate administration is needed.

If probate is opened, the process may involve:

Filing a petition for administration.
Requesting admission of the will to probate.
Providing required notices.
Obtaining an order appointing the personal representative.
Receiving letters of administration.
Identifying and securing estate assets.
Notifying creditors.
Paying valid debts and expenses.
Distributing assets according to the will.
Closing the estate when all requirements are completed.

The filing of the will is therefore an important beginning step, not necessarily the final stage of estate administration.

Common Mistakes When Filing a Will in Florida

Waiting too long to deposit the will

Florida law generally requires the custodian to deposit the will within 10 days after learning of the testator’s death. Delays can create unnecessary complications.

Filing a photocopy instead of the original

A copy may not receive the same treatment as an original will. If the original is unavailable, special procedures may apply.

Filing in the wrong county

The probate court must generally have proper venue over the estate.

Assuming the will itself transfers property

A will does not necessarily transfer ownership immediately. Probate or another legal transfer process may be required.

Ignoring later wills or codicils

A later document may change or revoke an earlier will. All relevant testamentary documents should be located before probate begins.

Failing to review beneficiary designations

Some assets pass outside the will. Beneficiary designations should be reviewed separately.

Assuming notarization replaces witnessing

A notary does not automatically replace witnesses for a traditional written will. The execution requirements depend on the type of will and applicable Florida law.

Practical Checklist for Filing a Will in Florida

Use this checklist when preparing to deposit or probate a will.

Before filing

Locate the original signed will.
Search for codicils or amendments.
Confirm the date of death.
Identify the deceased person’s county of residence.
Check whether another will exists.
Gather information about heirs and beneficiaries.

At the clerk’s office

Confirm the correct probate division.
Ask whether an appointment is necessary.
Follow the clerk’s submission instructions.
Provide the original will.
Provide required identification or death information.
Obtain a receipt or filing confirmation.

If opening probate

Complete the appropriate petition.
Include the original will.
Provide evidence of death if required.
Identify heirs and beneficiaries.
Identify the proposed personal representative.
Pay applicable filing fees.
Follow notice and hearing requirements.

After filing

Keep copies of submitted documents.
Track the probate case number.
Preserve filing receipts.
Respond to court requests promptly.
Avoid distributing probate assets without proper authority.

Frequently Asked Questions

How do I file a will in Florida?

Locate the original will and deposit it with the clerk of the circuit court in the county having venue over the deceased person’s estate. If probate administration is required, file the appropriate petition to begin the probate case.

How long do you have to file a will after someone dies in Florida?

The custodian of a will generally must deposit it within 10 days after receiving information that the testator has died.

Where do I file a will in Florida?

Usually, the will is deposited with the clerk of the circuit court in the county where the deceased person lived at the time of death.

Does filing a will automatically open probate?

No. Depositing the will and opening probate are separate actions.

Do I need the original will to file in Florida?

The original will is generally required for ordinary filing and probate procedures. Special rules may apply when only a copy or authenticated electronic version is available.

Can I file a will without a lawyer in Florida?

In some circumstances, a person may deposit a will or handle a straightforward probate matter without an attorney. More complicated estates may benefit from legal assistance.

How much does it cost to file a will in Florida?

Depositing a will alone may not require a fee in some counties, while opening probate generally involves filing fees. Check with the appropriate clerk for current charges.

Can a will be filed electronically in Florida?

Certain electronic wills may be filed electronically under Florida’s electronic-will laws. Ordinary paper wills and scanned copies may have different filing requirements.

What happens if the original will is lost?

The court may require additional evidence and apply special procedures for lost or destroyed wills. A copy should not simply be treated as an original without legal review.

Can a Florida will be filed after the person dies in another state?

Possibly. The correct procedure depends on the deceased person’s residence, property location, and whether ancillary administration is necessary.

Final Thoughts

Filing a will in Florida involves more than placing a document in a court file. The original will generally must be deposited with the appropriate clerk, and the custodian has a statutory responsibility to do so within the required period after learning of the testator’s death.

After the will is filed, the estate may still require probate administration. The proper court, filing documents, fees, and procedures depend on the circumstances of the estate.

The safest approach is to locate the original will, identify the correct Florida county, follow the clerk’s current instructions, and determine whether a separate probate petition is necessary.

Legal Information Disclaimer

This article provides general educational information about filing and depositing wills in Florida. Probate laws, court procedures, filing fees, electronic-will requirements, and deadlines may change over time. This information is not legal advice and does not create an attorney-client relationship. Consult a qualified Florida probate attorney or the appropriate circuit court clerk for guidance about a specific estate.

How to File a Will in Florida: Guide, Requirements and Practical Tips