It is common for a family to believe a loved one left a will and then be unable to find it. Here are practical steps to take.
Where to look
- Her home: desk drawers, file cabinets, a home safe or a fireproof box
- A bank safe-deposit box
- The attorney who may have prepared it
- Family members or the person named as her personal representative
Check with the clerk of court
Florida law requires a person who holds an original will to deliver it to the clerk of court after the maker’s death. The clerk of the county where she lived may be able to tell you whether a will has been filed.
If no will turns up
If no will can be found, her estate may pass under Florida’s intestacy rules, which is not always what she intended. If a will is found, it generally still needs to go through probate before assets are distributed.
Talk to a probate attorney
An attorney can help you search, file the will if it is found, and open the estate. See our Probate page, or contact our office in Apopka or Ocala.
This article is general information, not legal advice.
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