Legal Question in Wills and Trusts in Florida

how can i obtain a copy of my father's will? He died Aug 23, 2009


Asked on 6/07/11, 8:43 am

2 Answers from Attorneys

Michael Sasso M. Daniel Sasso

Your question leaves a lot of facts that are needed: normally the Clerk of court, or counsel would need: Name of decedent; date of death; location of death; name of personal representative named on the will; if your father was Florida resident at his date of death and was he married at date of death.

You can start by calling the Clerk of Court of the County of residence at his date of death and asking the Probate Clerk to pull up his Will if there is any - then go to the Clerk's office and buy a copy of the Will -IF IT IS TURNED IN TO THE PROBATE COURT. You can ask a local attorney who has on line access to the Probate clerk's files to download a copy for you and pay the firm a nominal sum to do so.

The Florida Law requires within 10 days of death for the possessor of the Will to file it with the Clerk of court in county of residence of the deceased.

You can also question the surviving spouse, other children, people residing in our father's residence.

Hope this helps some.

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Answered on 6/07/11, 9:00 am

It depends upon where it is.

If it is with the court, then you can request it as an interest party. If it is held with another, and they will not file it with the court, you can seek a court order to make them comply.

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Answered on 6/07/11, 9:19 am


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