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: Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate. The specific content of the will must be proved by two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness. ( Florida Statutes §733.207)
When a copy of the will is available, this will typically be accomplished by having one of the two witnesses to the will testify that the copy submitted is an accurate copy of the will he or she witnessed and signed. Establishing a lost or destroyed will is trickier if there is no copy available, for a few reasons: Two witnesses are required instead of just one
It may be difficult to identify and locate the witnesses who signed the will without a copy of the will
The witnesses must be able to establish the terms of the will from memory if there is not a copy of the will available to review and verify
Another obstacle that arises when a will is missing is that Florida courts presume that a will that can’t be located has been intentionally destroyed by the testator. 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?