There is a common situation that happens all the time. A loved one passes, and you start looking for their will.
However, the original is nowhere to be found. Instead, you’ve got a copy. That might be a PDF, a photocopy, or something saved in an email.
If you only have a copy, can you still open probate in Florida? You can still open probate, but there is a process to get it accepted by the courts.
The Original Will Carries So Much Weight
Under Florida Statute § 733.207, courts prefer the original Will for a reason. This is considered the clearest proof of what someone intended.
When the original cannot be found after death, the law steps in with an assumption that the person may have destroyed it on purpose to revoke it.
This does not mean the court automatically believes the Will is invalid. However, the responsibility shifts to you to show that the copy is legitimate and that the original was not intentionally revoked.
The Process to Validate a Will
If you only have a copy, you will need to take an extra step when opening probate. Instead of a standard filing, you must submit a petition to establish a lost or destroyed Will. You will also need to show proof of two points.
The Will Was Properly Executed
That means it was signed and witnessed according to Florida Statute § 732.502. In many situations, this involves the testator signing in front of two witnesses. In turn, they will also sign in each other’s presence.
If your copy includes a self-proving affidavit, that can assist in the process. If not, you may need statements or testimony from the witnesses or others who were involved.
The Will Was Not Revoked
If the original Will was last in the decedent’s possession and cannot be found, the court may assume it was intentionally destroyed. To move forward, you will need to show that did not happen. That could involve:
- Statements the decedent made about their estate plans
- Evidence that they never intended to change the Will
- Circumstances suggesting the original was lost, misplaced, or accidentally destroyed
For example, if important documents were stored in a place that was cleared, damaged, or accessed by others, that can help explain why the original is missing.
What If the Court Doesn’t Accept the Copy?
If the court is not convinced, the estate may be treated as if there were no Will at all. At that point, Florida’s intestacy laws take over.
Under intestacy, the court does not consider personal wishes, verbal promises, or family dynamics. Instead, it follows a legal formula that determines who inherits and the percentage they inherit. The distribution is based entirely on familial relationships as defined by statute.
There is also no flexibility built into this system. The court cannot adjust distributions based on need, relationships, or fairness.
This is why, when a copy of a Will is involved, taking the extra steps to have it admitted to probate is important.
Successfully establishing the Will allows the estate to be distributed according to the decedent’s expressed intentions instead of defaulting to a one-size-fits-all statutory formula.
When to Ask for Help
If there is any uncertainty or if you already sense there might be disagreement among family members, that can shift the tone of the case pretty quickly. What starts as a simple filing can turn into a back-and-forth about intent, circumstances, and who remembers what.
An experienced probate attorney can help pull the pieces together. They can organize what you have, fill in the procedural gaps, and present the situation in a way that feels coherent to the court. This helps make sure the story of what happened is clear enough that the judge does not have to guess.
You Still Have Options with a Will Copy
While having only a copy of a Will can feel like a setback, it does not prevent you from opening probate in Florida. You will need to take an extra step. In these cases, it is important to show the court that the Will was properly executed and not revoked.
If you’re dealing with a copy of a Will and are unsure of the next steps, Niebla Probate Firm can help you understand your options. We work to make the process clearer, more organized, and as smooth as possible from start to finish. Schedule a consultation today.
