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

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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.

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Answered on 11/28/03, 11:47 pm


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