What Must a Florida Will Custodian Do After the Testator Dies?

Florida imposes a production duty on the person who has custody of an original will. After learning of the death, that custodian must deliver the will to the clerk of the court with venue over the estate within 10 days and must supply the date of death or the last four digits of the social security number at the time of deposit. An original will filed with a petition or other pleading is treated as deposited.

If a custodian fails to deposit the will, a court may compel production and deposit on petition and notice. When the court finds no just or reasonable cause for the delay, costs, damages, and a reasonable attorney fee may be assessed against the delinquent custodian. Upon receipt, the clerk must keep and preserve the original will in its original form for at least 20 years, even if a copy is made on film or electronic media.

For purposes of this duty, a qualifying separate writing that identifies tangible personal property gifts is included with the will. A Brevard focused explanation of the same deposit duty appears in what happens to an original will after a Brevard County resident dies. Whether a will removes the need for probate is addressed in whether the presence of a will eliminates the need for probate in Florida.