Whether you’re a beneficiary, a family member, or simply trying to settle an estate, you may need a copy of someone’s will after they pass away. In Florida, how you get it depends on whether the will has been filed with the court yet.
If the will has been filed
After a death, the original will is generally deposited with the clerk of the circuit court in the county where the person lived. Once filed, it’s typically public record — you can request a copy from that clerk’s office, often for a small fee. If an attorney is already involved, and you are a named party in the will, you should be notified.
If the will hasn’t been filed yet
Before it’s filed, only certain people can access it. Florida law requires the person holding the original will to deposit it with the court promptly after the death. If you believe someone is holding it, an attorney can help you compel them to file it. Remember, any child can be disinherited and not everyone has a will to begin with.
Need help?
If you’re trying to locate a will or start probate, Hochberger Law can guide you through the process step by step.
This article is general information about Florida law, not legal advice. Every situation is different — please consult a Florida attorney about your specific circumstances.