Legal Question in Wills and Trusts in Florida

Will found, but can't find witnessess

A relative died. She left a home, some cash, personal items, and bank accounts. A will was found that essentially split everything between a great-niece and a great nephew. Everyone in the family agrees that it is her signature. However, it wasn't notarized and no one knows the witnesses. The will was filed with the court. If the witnesses can not be located what happens?

Thank You


Asked on 11/09/03, 12:13 pm

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Will found, but can't find witnessess

See pragraph (3) of the Florida statute concerning proving a will (copied below).

ESTATES AND TRUSTS Chapter 733 (Fla. Statutes)

PROBATE CODE:

733.201 Proof of wills.--

(1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof.

(2) A will may be admitted to probate upon the oath of any attesting witness taken before any circuit judge, commissioner appointed by the court, or clerk.

(3) If it appears to the court that the attesting witnesses cannot be found or that they have become incompetent after the execution of the will or their testimony cannot be obtained within a reasonable time, a will may be admitted to probate upon the oath of the personal representative nominated by the will as provided in subsection (2), whether or not the nominated personal representative is interested in the estate, or upon the oath of any person having no interest in the estate under the will stating that the person believes the writing exhibited to be the true last will of the decedent.

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Answered on 11/09/03, 1:36 pm


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