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: And, the person seeking to establish the will must also show evidence that the testator didn’t intentionally destroy the will. Is There Any Other Way to Establish a Copy of a Will? The probate court may grant a petition to establish and probate a copy of a will if all intestate heirs are willing to sign a waiver. However, if there is even one hold-out, a court proceeding will be required to establish the will, and evidence will be required as described in the Florida statute. What Happens if the Will Can’t Be Established? Sometimes, there is insufficient evidence to establish that a copy of a will accurately reflects the lost original, or there is no copy and witnesses are unable to reconstruct the content of the will for the court. What happens next depends on whether the deceased had a prior will that was revoked by the creation of the lost will. If there was no will in force at the time the lost will was created, property will be distributed according to Florida’s intestate succession law. But, if there was a previous will in force, that will may be revived by the presumed revocation of the lost will. Is it Always a Good Idea to Try to Establish a Lost Will?