Legal Question in Wills and Trusts in Florida
Is a copy of a notarized will suffient?
A relative died recently. We could only find a copy of a notarized will. No sign of the original. Is this okay, or will we need to find the notary that did it?
Thanks
Asked on 11/28/03, 8:07 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Re: Is a copy of a notarized will suffient?
A copy can by used however, you will have to explain the absence of the original to the court
Answered on 11/28/03, 8:24 pm
Frank J. Pyle
Probate Attorney Throughout Florida
Re: Is a copy of a notarized will suffient?
It is possible to probate a copy of a will, after notice to everyone who would have received a share if there were no will; but if the decedent had the original in his/her possession, there is a presumption that he/she destroyed it with the intent of revoking it. Of course, if no one is contesting it, it is much simpler.
Answered on 11/28/03, 11:47 pm
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