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What Happens to the Original Will in Florida After Someone Passes Away?

 

 

When a loved one passes away, there are many legal and administrative tasks that need to be addressed. One of the most important documents in this process is the deceased's original will. In Florida, the handling of the original will is a critical step in ensuring that the decedent's wishes are honored and that their estate is properly administered.

 

This blog post will guide you through what happens to the original will in Florida after someone passes away, including the steps that must be taken, the role of the probate court, and the responsibilities of the personal representative.

 

 1. Locating the Original Will

 

The first step after someone passes away is to locate the original will. The will is often kept in a secure place, such as a safe deposit box, a home safe, or with the attorney who drafted it. If the location of the will is unknown, it may require a thorough search through the decedent's personal papers, and possibly contacting any attorneys who may have assisted with their estate planning.

 

If a copy of the will is found but not the original, this can complicate matters, as Florida courts generally require the original will to be submitted for probate.

 

 2. Filing the Will with the Probate Court

 

Once the original will is located, Florida law requires that it be filed with the probate court in the county where the decedent resided at the time of death. According to Florida Statutes Section 732.901, the person in possession of the original will must deposit it with the clerk of the court within 10 days of learning of the decedent’s death.

 

Failure to file the will within this time frame can lead to legal consequences, including potential penalties. It's important to act quickly to ensure compliance with this requirement.

 

 3. The Role of the Probate Court

 

After the original will is filed with the probate court, the court’s role is to oversee the administration of the decedent’s estate according to the terms of the will. This process is known as probate. The court will:

 

- Validate the Will: The court will first determine if the will is valid. This involves checking that the will was properly executed, meaning it was signed by the decedent and witnessed by at least two individuals. If the will meets the legal requirements, the court will admit it to probate.

 

- Appoint a Personal Representative: The will typically names a personal representative (executor) to administer the estate. If the named person is willing and able to serve, the court will formally appoint them. If no one is named or the named person cannot serve, the court will appoint a personal representative according to Florida law.

 

- Oversee Estate Administration: The probate court will oversee the entire process of estate administration, including the payment of debts and taxes, and the distribution of assets to beneficiaries as outlined in the will.

 

 4. The Responsibilities of the Personal Representative

 

Once appointed, the personal representative has several important duties, including:

 

- Notifying Beneficiaries and Creditors: The personal representative must notify the beneficiaries named in the will and any creditors of the estate. This includes publishing a notice to creditors in a local newspaper, as required by Florida law.

 

- Gathering and Valuing Assets: The personal representative is responsible for identifying, gathering, and valuing all of the decedent’s assets, including real estate, bank accounts, investments, and personal property.

 

- Paying Debts and Taxes: Before distributing assets to beneficiaries, the personal representative must ensure that all valid debts and taxes owed by the estate are paid. This may include filing a final income tax return and paying any estate taxes that may be due.

 

- Distributing Assets: After debts and taxes are settled, the personal representative will distribute the remaining assets to the beneficiaries according to the terms of the will.

 

 5. What If the Original Will Cannot Be Found?

 

If the original will cannot be located, Florida law allows for a copy of the will to be submitted to the court, but the process is more complicated. The court requires clear and convincing evidence that the original will was not intentionally destroyed or revoked by the decedent. Additionally, the court may require testimony from witnesses to the will’s execution to prove its validity.

 

If no will can be found or validated, the decedent’s estate will be administered according to Florida’s intestacy laws, which dictate how assets are distributed when there is no valid will.

 

 6. Conclusion

 

The handling of the original will is a critical aspect of estate administration in Florida. Filing the original will with the probate court is a legal requirement and sets the stage for the entire probate process. As the personal representative, understanding your responsibilities and acting promptly can help ensure that the decedent's wishes are honored and that the estate is administered efficiently and in accordance with Florida law.

 

If you have been named as a personal representative or are dealing with the estate of a loved one, it’s important to seek legal guidance to navigate the probate process. Our law firm is here to assist you with all aspects of probate and estate administration in Florida. Contact us today for a consultation and let us help you ensure that the estate is handled properly and with care.

For a free consultation regarding estate planning or for further help with the estate planning process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA


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