When You Find Someone’s Will: Your Legal Obligations in Florida

At The Soto Law Office, we are often asked what to do when someone passes away and you discover their original Last Will and Testament. It can be an emotional and confusing time, and knowing your legal obligations is essential to avoid serious consequences.

Let’s consider a fictitious example.

A Florida Example

Imagine Robert and Elena, a couple who lived together in Orlando for 20 years but never married. Robert owned their home in his name only, as he purchased it long before they met. Sadly, Robert passed away after a sudden illness. A week later, Elena discovered Robert’s original will in a desk drawer.

The will, signed 18 years earlier, left most of Robert’s estate to his brother, Michael, and made only small gifts to a few friends. Elena was not mentioned. Feeling panicked and left out, Elena thought, “If no one knows about this will, maybe I’ll inherit through intestate succession.” She considered hiding or destroying the will.

What Florida Law Requires

In Florida, this course of action would not only be wrong but unlawful. Florida Statute 732.901(1) is clear:

“The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.”

If you are in possession of an original will, you are legally required to deposit it with the appropriate probate court within 10 days of learning of the person’s death. Failure to do so is a violation of the law and may expose you to liability for any damages caused by withholding, concealing, or destroying the will.

Importantly, this obligation exists even if the will is discovered after the 10-day period has passed. In practice, original wills are often located well after a person’s death—sometimes years later—particularly in situations where no probate was initially required. Once the will is found, it must still be deposited with the probate court, regardless of how much time has elapsed.

Why This Matters

If Elena had destroyed Robert’s will, the estate might initially proceed as if Robert died intestate (without a will). Under Florida intestacy law (Fla. Stat. 732.102 and 732.103), Robert’s brother and other relatives could inherit. But if Michael later produced a copy of the will or evidence of its existence, the court could admit it as a lost or destroyed will. That process is more complex and costly than admitting the original will, and the person who destroyed it could be held liable for those extra costs.

Common Misunderstandings

We often hear similar misunderstandings from surviving partners, children, or friends:

• “I’m the closest person to them, so I should inherit.” Not necessarily. Florida’s intestacy laws control when there is no valid will. A surviving partner who is not a legal spouse may not inherit at all.

• “If I just say I didn’t find a will, no one will know.” Destroying or concealing a will is unlawful. Courts can order testimony from witnesses, attorneys, or others involved in the will’s preparation. Often, the drafting attorney still has a copy.

• “A really old will doesn’t count anymore.” As long as a will was validly executed under Florida law (Fla. Stat. 732.502 requires two witnesses and proper execution), it remains valid until revoked. Age alone does not invalidate it.

The Right Course of Action

If you discover a will, no matter how old, your obligation is to file it with the court. After that, the probate process determines whether the will is valid, whether it has been revoked, and how the estate should be administered.

If you are a beneficiary, family member, or close companion of the deceased, you may not agree with what the will says. But the correct path is to allow the probate process to run its course, not to conceal the document.

At The Soto Law Office, we guide Central Florida families through these situations with care and clarity. If you have discovered a loved one’s will and are unsure of what to do next, or if you are concerned that someone may be withholding or destroying a will, we can help you understand your rights and obligations.

The probate process can be complex, and mistakes at the outset can cause delays, increased costs, and even legal liability. Having an experienced probate attorney on your side can ensure that everything is handled properly, and that your loved one’s wishes are honored.

If you’ve recently lost a loved one and are dealing with questions about a will in Florida, don’t take risks by guessing your next step. Contact The Soto Law Office today at (321) 972-2279 or visit www.TheSotoLawOffice.com to schedule a consultation. We are here to provide compassionate, knowledgeable guidance so you can move forward with confidence.