Title: Florida Probate: What happens when you can't find the original will? - Richert Quarles
Headings: Florida Probate: What happens when you can’t find the original will?
Florida Probate: What happens when you can’t find the original will?
How do I start the process of proving a lost or destroyed will?
What about the presumption of revocation?
If you think that you will need to prove a copy of a will, talk to an attorney as soon as you can.
Contact us today to schedule a free consultation.

Content: 3) evidence that the original will had been seen among the decedent’s papers after her death; and (4) evidence that the decedent was insane and thus did not have testamentary capacity to effectively revoke the will.” Balboni v. LaRoque, 991 So. 2d 993, 995 (Fla. 4th DCA 2008). The law covering the many, many instances where Florida courts have considered whether or not the presumption of revocation by the decedent was rebutted is too long to be included here. Look for it in future blog posts. Contents of a lost or destroyed will is only admitted into probate in Florida if the probate court makes a finding that the presumption has been overcome. If you think that you will need to prove a copy of a will, talk to an attorney as soon as you can. If you are a family member or know that you were named as a personal representative in a will, you need to locate the original copy of the will as soon as possible after your loved one passes away. Production of the original will is the only way to avoid the headaches associated with trying to prove a lost or destroyed will.