Title: How Can You Probate a Lost Will? Probating a Copy of Lost Will in Florida
Headings: How to Probate a Lost Will in Florida
How to Probate a Lost Will in Florida
Florida Probate | Probating a Copy (Lost) Will
What if the Original Will Cannot be Located?
Frequently Asked Questions (FAQs) about Lost Wills
Can a Copy of a Will be Probated if the Original is Lost?
What if There is No Copy of a Lost Will?
Is There Any Other Way to Establish a Copy of a Will?
What Happens if the Will Can’t Be Established?
Is it Always a Good Idea to Try to Establish a Lost Will?
What if Family Members Conflict over a Lost Will?
FULL DISCLOSURE

Content: Under Florida law, intentional destruction of a will is one way the testator can revoke the will. Thus, the burden shifts to the personal representative or other party seeking to establish the will to show that the testator did not revoke the will by tearing it up, burning it, or otherwise intentionally destroying it. This may be established through evidence such as: Evidence that someone else who stood to benefit from destruction of the will may have destroyed the will,
Evidence of accidental destruction of the will,
Evidence that the will existed after the death of the testator, and so he/she could not have destroyed it, or
Evidence that the testator lacked testamentary capacity, and therefore could not have made a valid revocation of the will
In some cases, the evidentiary issues can be avoided by securing waivers from all heirs who would inherit under intestate succession. Frequently Asked Questions (FAQs) about Lost Wills
Can a Copy of a Will be Probated if the Original is Lost? The short answer is yes, but you can’t simply submit a copy to probate in place of the original. Florida law sets forth specific procedures that are required to establish that a copy of a will is accurate, and that the testator did not intentionally revoke the will by destroying the original. What if There is No Copy of a Lost Will? It may still be possible to probate a will when no copy is available, but the bar is high. Two disinterested witnesses must be able to testify to the specific contents of the will.