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 within 10 days of learning of 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.
How to request a copy from the clerk
- Identify the county. Start with the county where the person lived at the time of death — for example, Broward County for Deerfield Beach and Pompano Beach, or Palm Beach County for Boca Raton.
- Search the probate records. Most Florida clerks, including Broward and Palm Beach, let you search probate cases online by the decedent’s name.
- Order the copy. Request a plain or certified copy online, by mail, or in person. Clerks charge a per-page copy fee, plus a separate fee for certification.
Are wills public record in Florida?
Not while the person is alive — a living person’s will is private. After death, once the will is deposited with the clerk, it generally becomes part of the public court file, and anyone can request a copy.
Can you get a copy of someone’s will online?
Often, yes. If the will has been filed, many Florida clerks let you view or order court documents through their online records systems, though some require you to register or request certain documents in person. If you can’t find the will online, it may not have been filed yet.
Certified copy vs. regular copy
A regular copy is fine for reading the will. A certified copy — stamped by the clerk — is often required by banks, title companies, and other courts. If the person owned property in another state, the probate court there may require an exemplified copy, a more formally authenticated version.
What if you can’t find the will?
- Check the person’s home papers, safe, and files.
- Contact the attorney who drafted it, if you know who that was.
- Ask the bank about a safe deposit box. Florida law lets a bank allow a limited search of a decedent’s box for a will.
- Check with the clerk in case the will was already deposited.
If only a copy exists, Florida law allows a lost or destroyed will to be established in court, but the requirements are strict. An attorney can tell you whether that’s an option.
Need help?
If you’re trying to locate a will or start probate, Hochberger Law can guide you through the process step by step. If you’ve been named personal representative, here is how letters of administration work.
This article is general information about Florida law, not legal advice. Every situation is different — please consult a Florida attorney about your specific circumstances.