Wills and probate

Lost or Destroyed Will? It can be contested in probate court.

Lost or Destroyed Willwill cannot dispose of any of the decedent’s property until it is admitted to probate.

Lost or destroyed will? In order for a will to be admitted to probate, it must be executed in accordance with the formalities required by Florida law. The testator must sign his will at the end in the presence of two attesting witnesses. The attesting witnesses must sign in the presence of each other and in the presence of the testator. If the testator attaches a self-proof of will, the will may be admitted to probate without further proof. Without a self-proof of will, an oath of one of the attesting witnesses may be required before the will is admitted to probate.

Lost or Destroyed WillUpon the testator’s death, if a will, executed by the testator and kept in their possession, cannot be found, there is a presumption, absent other evidence, that it was destroyed with the intention of revoking it. However, this presumption may be overcome and the will may be admitted to probate if an interested person is able to establish the full and precise terms of the lost or destroyed will. The content of the lost or destroyed will be proven with a correct copy of the will and the testimony of one disinterested witness. Without a correct copy, the content may be established through the testimony of two disinterested witnesses.