Finding a missing will in Florida

It's a common probate-week scenario: the family knows the decedent had a will. They remember seeing it years ago, or they know which attorney drafted it, or there's a vague memory of 'something in the safe-deposit box.' But now no one can find it.

Most missing wills get found. Below: where they typically hide, in roughly the order to check, plus what happens if it really is gone.

Where wills usually are — in order to check

• Decedent's home safe or fire safe: the most common location. Look in obvious safes, less-obvious safes, and any locked drawer in the bedroom or office.
• File cabinet in the home office: often labeled 'Estate', 'Important Papers', 'Will', or with the attorney's name.
• Desk drawer in the home office, especially the deepest one or one that locks.
• Safe-deposit box: bank where the decedent kept accounts. Florida-specific note below.
• With the drafting attorney: many attorneys keep originals. Call any attorney known to have done planning for the decedent.

Less obvious places

• Trusted friend or family member: some testators store the will with a trusted person rather than at home.
• Attic or storage area: especially in older estates where 'put it somewhere safe' meant 'put it somewhere I'll never look at it'.
• Hidden in a book: not common but not unheard of. Look at the bookcase in the office.
• With the spouse's papers: if a spouse predeceased, their files may contain the joint planning documents.
• Court 'will deposit': Florida allows 'deposit of will' with the clerk during life under FS 732.901 (rare but possible).
• With a former attorney: even if the drafting attorney has moved firms or retired, the will may have been transferred to a successor or to FL Bar's repository.

Florida safe-deposit box rules

Florida-specific issue: a safe-deposit box held only in the decedent's name typically requires a court order or a specific clerk's-office affidavit to open after death. The bank won't just let family in.

• Joint box (decedent + surviving spouse, e.g.): joint owner has full access. Just go.
• Sole-name box: requires a procedure. Florida statute allows a search for a will under bank supervision in some circumstances; otherwise, you need court authority.
• Don't break in: even if a relative has the key, the bank can refuse access without proper authority. Don't damage the seal — it creates legal questions.
• Use a Florida attorney: we coordinate access procedures regularly; some take 1–2 weeks.

How to ask the drafting attorney

Most Florida attorneys keep originals or copies of wills they've drafted, particularly older firms with deep client relationships:

• Call the firm: ask the receptionist for the file department. Provide decedent's full name and approximate date of will (or just say 'sometime in the last 30 years').
• Successor firms: if the original attorney retired, ask about successor counsel or where files were archived.
• Florida Bar: contact the Florida Bar's lawyer-referral service — they may know where retired or deceased attorneys' files went.
• Death certificate: bring a certified death certificate; firms often won't share documents without proof of death.

What to do if you find a copy but not the original

Florida law has procedures for probating a lost or destroyed will (FS 733.207). It's harder than probating an original, but not impossible:

• Required showing: that the will was properly executed, that you have a copy or substantial proof of contents, that the will was not revoked.
• Presumption against the will: Florida law presumes a missing will (last seen in the testator's possession) was destroyed by the testator with intent to revoke. Overcoming this presumption requires evidence.
• Witness testimony: testimony from witnesses to the original signing helps establish proper execution.
• Copy admissibility: a clear copy plus testimony from the drafting attorney often satisfies the court.
• Higher cost: lost-will probate runs $5,000–$15,000 in attorney fees plus litigation if contested.

Practical advice: if you find a copy, file it with the clerk and consult a probate attorney before doing anything else. The procedure is technical.

What if there really is no will

If you've exhausted reasonable search efforts and no will turns up, the estate is intestate. This isn't catastrophic — Florida statute decides who inherits, and the procedure is well-established.

• Intestate share rules: see our Florida intestate succession guide.
• Procedure: typically formal administration (or summary if estate is small enough).
• Surviving spouse: takes a share or all (depending on family configuration).
• Children, parents, siblings: take in statutory order if no spouse or after spouse's share.
• Heir Visualizer tool: see who inherits in your specific family at /tools/heir-visualizer.

Common mistakes

• Cleaning out the house before the search is complete: a relative's well-meaning purge can throw away the will.
• Disposing of paperwork: anything that looks like 'paperwork' should be sorted carefully, not bagged.
• Assuming the safe-deposit box is empty without checking: family often guesses there's nothing valuable; they're sometimes wrong.
• Not asking the drafting attorney: even years-later, attorneys often have copies.
• Probating the wrong will: if there are multiple wills (a common scenario), probating the wrong one is a problem. Sort by date carefully.
• Filing the original at the clerk before sharing with the family: filing before family agrees to admit can create resentment. Inform interested parties first.

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