Legal Question in Wills and Trusts in Florida

Thought florida statutes said no matter what, probate or not, you have to record the original will upon someone's death within 10 days. Went to record it and clerk said judges instructed them only record a Will if it's coming from the Probate Division with the Petition for Probate. So is the clerk wrong? or the Statutes unclear?


Asked on 9/19/14, 12:44 pm

3 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Go to the probate division clerk. The statute talks about a non electronic world from days gone by, but it does reference this requirement. It is not recorded, it is filed with the clerk's office.

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Answered on 9/19/14, 12:49 pm
David Slater David P. Slater, Esq.

FS 732.901 applies. The clerk is wrong.

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Answered on 9/19/14, 2:21 pm
Douglas R. Coenson, Esq.

I agree with Mr. Slater. The will is "deposited" with the court. Often, people do not get around to filing the will within 10 days but by law it should be done. Even if after the 10 days, it should be done. Whether probate is necessary or not is a different subject and not dependent on the requirement to deposit the will.

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Answered on 9/20/14, 2:10 pm


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