How can a beneficiary receive a copy of the will after the testator dies?

You may be interested to know that under Florida law the custodian or holder of a will must deposit it into the probate court within 10 days upon written demand informing him/her that the testator has passed away.  Florida Statute 732.901 operates as follows:

 Production of wills.—

(1) Upon receiving information that the testator has passed away, the custodian of a will must deposit it with the court having jurisdiction over the estate within 10 days. Upon deposit, the custodian must provide the testator’s date of death or the last four digits of their social security number to the clerk.

(2) If a custodian fails to deposit a will after being notified of the testator’s death, the court may compel them to produce and deposit the will. In such cases, the petitioner can recover costs, damages, and a reasonable attorney’s fee from the delinquent custodian if the court finds that the custodian had no valid reason for not depositing the will.

(3) When an original will is submitted to the clerk with a petition or other legal document, it is considered to have been deposited with the clerk.

(4) Upon receiving the original will, the clerk must retain and preserve it in its original form for at least 20 years. If the probate of the will is initiated, the clerk can maintain the original will alongside other pleadings during the proceedings. However, the will must always be kept in its original form for the entire 20-year period, regardless of whether the will is admitted to probate or if the proceedings are terminated. Transforming the will onto film, microfilm, magnetic, electronic, optical, or other substitute media, or recording it onto an electronic recordkeeping system, even if it adheres to the standards set by the Supreme Court of Florida, does not exempt the custodian from the requirement to preserve the original will.

Need a South Florida probate lawyer?

Losing a loved one is a tough experience that most of us go through at some point in our lives. It’s important to have someone who knows the probate process on your side to help you navigate it. If you have questions about probating a loved one’s estate, don’t hesitate to reach out to South Florida probate attorney Andrew J. Pascale at 877-667-1211