Losing a will doesn’t automatically mean the court ignores it—but there are hurdles to overcome.
Florida Law on Lost Wills
If a will is lost but believed to be valid, Florida law (Fla. Stat. § 733.207) allows it to be probated—but the person offering it must:
- Prove the terms of the will,
- Show it was not revoked, and
- Provide two disinterested witnesses to its contents.
Common Situations
- The original was destroyed in a hurricane.
- The decedent kept it in an unknown location.
- A caregiver or relative destroyed it to claim more assets.
What If It Can’t Be Proven?
If the will can’t be established, the estate will be distributed under Florida intestacy laws—which may not match the decedent’s wishes.
How to Prevent This
- Keep originals in a fireproof safe or with your attorney.
- Inform key family members or fiduciaries where your documents are stored.
- Consider secure document storage through our firm.
Lost a loved one’s will? Bart Scovill, PLC can guide you through what to do next. Call 941-365-2253 or visit Scovills.com.
