The 10-Day Rule Every Florida Family Should Know: What to Do With a Loved One’s Will (and What Happens If You Can’t Find It)

A practical guide from AnidjarLaw on Florida's mandatory will-deposit requirement, and the path forward when the original cannot be located.

When a loved one passes away, the last thing most families are thinking about is paperwork. Yet within days of the funeral, a quiet legal clock starts ticking. If you are the person holding the original will, Florida law expects you to act, and it expects you to act quickly. If the original cannot be found, the path forward becomes more complicated, but it is not closed.

This guide walks through both scenarios. Whether the will is sitting safely in a drawer or has gone missing entirely, knowing the rules can save a family weeks of confusion and protect the wishes the decedent worked so hard to put on paper.

Part One: You Have the Original Will. Now What?

Florida treats the original will as a critical legal document, and the person holding it is treated as a legal custodian, not just a family member with paperwork. That role comes with a specific, time-sensitive duty.

The 10-Day Filing Rule Under Florida Statutes § 732.901

Under Florida Statutes § 732.901, any person who has custody of a decedent's will must deposit the original with the clerk of the circuit court in the county where the decedent last resided, and they must do so within ten (10) days after receiving information that the testator has died.

This is not optional. It is a legal obligation. The filing is not the same as opening a probate case. It is simply the act of placing the original will into the safekeeping of the court so that, when the time comes, the document can be authenticated and used.

Step One: Preserve the Original. Do Not Alter It.

Before the will leaves your hands, treat it like the legal evidence it is. A small, well-meaning change to the document can create real problems later, including questions about whether someone tampered with the will.

• Locate the original will and any codicils, which are amendments to the will.
• Do not remove staples, re-staple pages, alter pages, make any markings on the original, or allow the will to become separated from any exhibit or attachment.
• Make at least one complete photocopy for your own records before delivering the original to the court.
• Store the original in a secure place, such as a sealed envelope, until it is hand-delivered or mailed to the court.

Step Two: Know Where to File

The will must be filed with the clerk of court in the county where the decedent was domiciled at the time of death. For Broward County residents, that means the following office:

Step Three: Prepare a Cover Letter

A completed cover letter must accompany the original will. The cover letter tells the clerk what they are receiving and from whom. At minimum, it should include:

• The decedent's full legal name.
• The decedent's date of death.
• The decedent's last known address (county of domicile).
• Your full name, relationship to the decedent, and contact information.
• A statement that you are depositing the original will pursuant to Florida Statutes § 732.901.
• Whether a probate case is already open, along with the case number, or a note that no case has yet been filed.

Step Four: Get Proof of Delivery and Keep It

This step matters more than people realize. If a dispute arises later about whether the will was filed, or when it was filed, proof of delivery is your protection.

Step Five: Plan Ahead for Certified Copies

Once the will is filed in an open probate case, certified copies can be requested from the clerk (fees apply). Certified copies are frequently required by banks, title companies, and other institutions before they will release assets or transfer property. Thinking about this early avoids delays when the family needs to move on accounts or real estate.

Part Two: The Original Will Cannot Be Found. What Now?

Sometimes the search for the original will turns up nothing. A copy may exist, perhaps a scan on a computer or a photocopy in a file, but the signed original is gone. This is one of the more stressful moments a family can face. The good news is that Florida law provides a path forward, even when the original cannot be located.

First: Search Thoroughly and Document Everything

Before any filing is made, a thorough search should be conducted and documented. This serves two purposes. First, it gives the family a real chance of finding the original and avoiding a contested "lost will" process altogether. Second, it creates a record showing the court that reasonable efforts were made.

A typical search includes:

• Checking the decedent's residence, including files, safe, desk, and storage areas, plus any known off-site storage.
• Contacting the drafting attorney or law firm, if known, to request any original held in safekeeping and to obtain the file copy.
• Checking any safe deposit box and following the bank's procedures for access.
• Contacting trusted family members or advisors who may have been given the original.
• Searching digital records for scans and emails that may show the will's existence and date.

Keep a written log of where you searched, when, and what you found. That log becomes part of the evidentiary record if you eventually need to ask a court to admit a copy.

Second: Assemble the Strongest Available Evidence

If the original truly cannot be found, the next task is to build the strongest possible case for what the will said and how it was executed. Helpful items include:

• The most complete copy available (scan, PDF, or photocopy), including all pages and any self-proving affidavit page.
• Any attorney correspondence, drafts, transmittal letters, or invoices that help identify the will and its date.
• Any notes or communications from the decedent referencing the will.
• Contact information for the witnesses, the notary, and the drafting attorney.

Third: File a Petition to Establish and Admit the Will

If proceeding with a copy, the next step is typically a probate proceeding in the appropriate Florida circuit court, usually in the county where the decedent was domiciled at death. The court is asked to:

• Determine that the will existed and was properly executed.
• Determine the contents of the will, often by reference to the copy and supporting testimony.
• Admit the will to probate and appoint the personal representative.

This process often requires sworn statements and live testimony. When the evidence is strong and no one objects, it can move relatively smoothly. When an interested person challenges the will, it can become a contested matter with all the deadlines, discovery, and hearings of any other litigation.

Evidence and Witnesses the Court Will Want

Although the exact proof depends on the facts, courts typically expect credible evidence on four points:

Common sources of proof include testimony or affidavits from the drafting attorney and staff, testimony from the subscribing witnesses and notary, statements from family members familiar with where the will was kept, and any documentary evidence showing the will's existence and terms.

Notice to Interested Persons and Potential Objections

Florida probate requires notice to interested persons, such as heirs at law and beneficiaries under the purported will. If someone objects, the matter can shift into a litigation-style dispute. Common flash points include:

• Whether the copy accurately reflects the will.
• Whether the will was properly executed.
• Whether a later will exists.
• Whether the missing original should be treated as no longer effective.

If the Copy Cannot Be Admitted: Intestate Administration

If the court does not admit the copy, or if the available evidence is not sufficient, the estate may be administered as intestate. That means:

• Florida law determines who inherits, generally the surviving spouse and descendants first, then other relatives if none.
• The court appoints a personal representative based on statutory priority rather than the will's nomination.
• Distributions follow the intestacy scheme rather than the will's terms.

Intestate administration can be simpler procedurally than a contested lost-will proceeding, but it may produce a distribution the decedent would not have wanted, and it can create real family conflict when expectations differ.

Timing, Cost, and Risk: What Families Should Know

Putting It All Together: Recommended Next Steps

Whether you are holding an original will or trying to make sense of a missing one, the path forward looks roughly the same in its early stages:

1. Locate, preserve, and photocopy the original if you have it. If you do not, collect the best available copy and any related documents.
2. Identify and contact the drafting attorney, the witnesses, and the notary, where applicable.
3. Document a thorough search for the original.
4. Evaluate the likelihood of objections based on the family tree and how heirs and beneficiaries align.
5. Decide whether to file to establish and admit the will, proceed intestate, or pursue both paths in a staged way depending on what the search reveals.

How AnidjarLaw Can Help

Estate matters tend to surface at the hardest possible moment. Families are grieving, calendars are full of arrangements, and the legal deadlines do not pause for any of it. AnidjarLaw works with Florida families on every stage of this process, from depositing the original will with the clerk to building the evidentiary case for a missing one.

If you have custody of a loved one's original will, the firm can complete the cover letter on your behalf, coordinate delivery with the Broward County Clerk, confirm receipt, obtain conformed or certified copies, and advise on next steps, including opening a probate estate when appropriate. To authorize the firm to proceed, the following are needed: the original will and any codicils, the decedent's date of death, the decedent's last residential address, and the probate case number if a case is already open. In-person delivery is strongly preferred because it produces a date-stamped, confirmed copy of the cover letter as proof of filing.

If the original cannot be found, AnidjarLaw can help structure the search, gather the supporting evidence, evaluate likely objections, and prepare the petition to establish and admit the will, or pivot to intestate administration if that is the better path.

The 10-day clock under § 732.901 starts the moment a family learns of a death. Getting clear guidance early is the single best protection against the avoidable complications that follow.

This article is provided for informational purposes only and does not constitute legal advice. Each situation is unique, and you should consult with a qualified attorney to discuss the specifics of your case. Reading this article does not create an attorney-client relationship with AnidjarLaw.