Legal Question in Wills and Trusts in Florida

In accordance with Florida Statutes Section 732.901 Production of wills.--

(1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator's date of death or social security number to the clerk upon deposit.

(2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will as provided in subsection (1). All costs, damages, and a reasonable attorney's fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will.

Whomever has the will must file it.

You have to ask the custodian of the will to do it. An attorney can send a letter and then seek a petition to compel the filing of the will. Regards,