What if the original will is missing?

Florida courts expect the original signed will. If it cannot be found, a copy is not automatically accepted. An interested person can ask the court to establish the lost or destroyed will, but must prove its exact terms: by the testimony of two disinterested witnesses, or one disinterested witness if a correct copy is available (§ 733.207). This is an adversary proceeding, in which everyone affected must be formally served (Fla. Prob. R. 5.025(a)(4)).

The party offering the copy must also deal with the possibility that the will was revoked. When the original was last in the testator’s own hands and cannot be found, courts may presume the testator destroyed it on purpose.

Search first

Before going to court, look everywhere the original could be:

The attorney or law firm that prepared it, which often keeps originals in a vault
The clerk of court in the county where the decedent lived; someone may already have deposited it (§ 732.901)
Home files, desks, fire safes, and papers kept with the deed or insurance policies
A safe-deposit box. A spouse, parent, adult child, or the person named as personal representative in a copy can ask the bank to search it for a will with a bank officer present; the bank delivers any will to the probate court (§ 655.935)
Financial advisers, accountants, and close relatives

Keep a written record of where you looked. If the court proceeding becomes necessary, that record matters.

How the court proceeding works

A petition asks the court to establish the will’s full and precise terms and admit it to probate.
Every interested person, especially anyone who would inherit if the will were not admitted, is formally served.
The petitioner proves the will’s contents through disinterested witnesses, or one disinterested witness plus a correct copy (§ 733.207).
The petitioner also addresses why the original is missing, to overcome any argument that the testator revoked it.
If the court is satisfied, it admits the established will, and administration proceeds.

A “disinterested” witness is someone who does not benefit under the will. A beneficiary’s testimony alone will not satisfy the statute.

What changes the answer

Who last had the original: the drafting attorney, a family member, or the decedent
Whether a signed copy or a conformed copy exists, and who can vouch for it
Whether anyone who would inherit without the will objects
Whether a later will exists, or the decedent said they had changed their plans
Whether the estate could qualify for a simpler procedure if the will is not admitted

An example

A father’s will, leaving everything to his second wife, was kept in a folder at home, but only a photocopy can be found after his death. His children from his first marriage would inherit half of the estate if he died without a will, so they must be served. The wife offers the copy and the testimony of the paralegal who supervised the signing and has no interest in the estate. The children argue their father destroyed it. The court weighs the evidence about the missing original before deciding whether to establish the will.

Common mistakes

Filing a copy as if it were the original
Not checking with the drafting attorney or the clerk
Relying only on a beneficiary as a witness
Ignoring relatives who would inherit if the will were not admitted

What to gather

Any copy of the will, and who made it
The name of the drafting attorney and the witnesses to the signing
A log of where you searched and when
Any later wills, notes, or statements the decedent made about the will

Next step

Call the drafting attorney’s office and the clerk of court before anything else. If the original does not turn up, talk with counsel about whether establishing the will is realistic before filing anything.

Related guidance

Sources: Florida Statutes § 655.935, § 732.901, and § 733.207 (2026); Florida Probate Rule 5.025 (October 15, 2026 edition). Checked on October 23, 2026.