Can You Probate a Copy of a Lost or Missing Florida Will?
A last will and testament is the cornerstone of your estate plan. Even if you plan to control and distribute most of your assets through trusts, you still need a will to name a personal representative for your probate estate, nominate guardians for any minor children who may survive you, and distribute any non-probate assets that were left out of your trust for any reason. It is therefore critical that you sign and execute a will that meets Florida’s legal requirements for such documents.
Florida Court Admits Will Copy After Decedent’s Cousin “Misplaced” Original
The requirements for executing a valid will in Florida are not onerous. Basically, the will must be in writing and signed by you in the presence of at least two witnesses, who must also sign the will in the presence of yourself and each other. When the time comes to probate your will, your personal representative (or another person who has custody of the will) must file this signed, original document with the probate court to open your estate.
But what happens if the original will is lost or missing? It is possible to probate a copy of a will. Florida law provides that an “interested person” in a probate estate may attempt to prove the existence of a lost or accidentally destroyed will through “the testimony of two disinterested witnesses.” If a “correct copy” of the will is provided, however, only one disinterested witness needs to testify. (A “disinterested witness” simply means that the witness does not stand to personally benefit from the estate.)
Not surprisingly, when someone attempts to probate a copy of a will in this manner, there are often objections from other interested persons. Just recently, the Florida Third District Court of Appeals addressed such a case. In Coleman v. Horn, a woman named Natalie Horn passed away in April 2022. Horn’s sister, Myrlie Coleman, then filed a petition to probate her Florida estate. Coleman believed that Horn died intestate (without a will) and the probate court subsequently granted Coleman’s petition to be named personal representative over the estate.
About a year later, however, Horn’s brother, Safare, appeared in court and presented what he alleged was a copy of his sister’s “lost will.” Safare Horn said that Natalie Horn executed her will in 2020 and gave it to her cousin for safekeeping. After Horn died, however, the cousin “realized she had misplaced the original will and gave [Safare] the copy instead.”
Coleman opposed admitting the copy of the will. But the probate court found the brother met his burden of proving the cop’s validity through corroboration. The Court of Appeals upheld that finding.
Contact a St. Petersburg Wills Lawyer Today
Once you make a will, it is important to keep it in an accessible place that your personal representative or other trusted family members can easily find after your death. Our St. Petersburg wills lawyer can advise you on the best practices for preparing and storing your will. Contact Drude Tomori Law today at 727-300-8900 or contact us online to schedule a consultation. We serve clients in St. Petersburg, Lakewood Ranch, Bradenton, and Sarasota.
Source:
scholar.google.com/scholar_case?case=91269054336012270
