What Happens If The Will Is Lost?

A will details instructions for the distribution of an individual's property, which are to be carried out upon that individual's death. When someone dies, family members and beneficiaries look to a will for guidance.

But what happens when the will cannot be found?

This is not an uncommon scenario.

At Korshak & Associates, P.A., we help clients through the probate and estate administration processes. If you are dealing with a situation involving a lost will, we can help you determine your options.

Call our Casselberry law office at 407-680-1471 to learn how we can help.

Lost Wills: The Process

Florida law addresses the issue of a lost will. The process varies depending on whether there is a copy of the will available — or whether no copy exists.

  • No original copy of the will is provided: If a copy of the will is provided, the content can be validated by one disinterested witness.
  • Lost or destroyed will: An interested person can provide the terms of a will that is lost or destroyed, provided that the content of the will is validated by two disinterested people.

Proving that a will is valid when the will has been lost or destroyed is difficult. The interested party must identify two disinterested people to vouch for the validity of the will. If you are in this situation, you may wish to speak to an attorney about your legal options.

If a photocopy of the will is available (or if the will is available in another format), the interested party just has to locate one person to vouch for the validity of the will.

After the death of a loved one, it is important to locate the will as soon as possible. If the will cannot be located, talk to a probate administration attorney.

Check Your Own Estate Planning Documents

Now is a good time to ensure that your estate planning documents are prepared and accessible by your family members and beneficiaries.

We assist clients in preparing estate plans that reflect their needs and wishes. Contact us to find out how we can help you prepare for the future.

Talk To An Attorney Today

The probate process can be complex, especially when no will is available.

Complete our online contact form or call us to speak to an attorney about your unique situation.