How to File a Will & Testament in Florida

By Megan Selin
After a loved one's passing, you will want to make sure their will is filed correctly.

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There are certain instances when a deceased person's will needs to be filed in probate court in the state of Florida. In general, a will that governs an estate worth a large amount of money or consisting of property that was held solely by the deceased will need to be filed with the probate court. The probate court will review the will, determine its validity, and disperse the assets of the estate accordingly.

Obtain a copy of the deceased's will. Oftentimes, a will is kept in a filing cabinet, safe deposit box, or in the care of a trusted friend or relative.

Contact the executor of the will and the attorney of the deceased. Along with the attorney, determine whether or not the will needs to be filed. This determination will be based on the contents of the estate, the way in which the deceased held their property, and the monetary value of the estate. Estates consisting of high value property, or of property owned solely by the deceased will need to be filed.

Obtain a copy of the death certificate and a certified copy of the deceased's will. The attorney will provide you with the certified copy of the will.

File the certified copy of the will, along with the death certificate, in the probate court of the county where the deceased resided.

Determine the date of your hearing and attend accordingly. The probate court will assign you a hearing date. At this hearing, they will determine the validity of the will in question and will make a decision regarding the division of assets of the deceased person's estate. The executor, attorney and any persons named in the estate must attend the hearing.

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