How to Find a Will in Miami, Florida

When a loved one passes away, one of the first and most important tasks is locating their will. The will identifies the personal representative who will manage the estate, names the beneficiaries, and provides instructions for how assets should be distributed. Without the original will, the probate process becomes more complicated, and the estate may need to be administered under Florida's intestacy laws as if the decedent died without a will.

At the Law Offices of Albert Goodwin, PA, we help families in Miami-Dade County and throughout Florida locate wills, file them with the court, and begin the probate process.

Where Wills Are Typically Kept

People store their wills in various locations. When looking for a decedent's will, check the following places:

At Home

The most common place to find a will is in the decedent's home. Look in:

A home safe or fireproof lockbox: Many people keep important documents in a fireproof safe. If the safe is locked, you may need a locksmith to open it.
A filing cabinet or desk: Check any organized filing systems, desk drawers, and folders labeled for legal or estate documents.
A bedroom closet or other storage area: Some people keep important papers in less obvious locations. Check closets, nightstands, and storage boxes.
With other important papers: Look near insurance policies, deeds, tax returns, birth certificates, and other vital records. People tend to store legal documents together.

With the Decedent's Attorney

Many people leave their original will with the attorney who prepared it. Contact any attorneys the decedent may have used, particularly estate planning or elder law attorneys. The attorney's name may appear on the decedent's financial records, correspondence, or business cards. If you are unsure who the decedent's attorney was, check with family members, friends, and the decedent's accountant or financial advisor, who may have a referral on file.

In a Safe Deposit Box

Some people store their will in a bank safe deposit box. In Florida, accessing a decedent's safe deposit box requires specific legal authority. Under F.S. § 655.935, a bank must allow certain persons to open and examine the contents of a safe deposit box to search for a will and other estate documents. The following persons may request access:

The spouse of the decedent
A person named as personal representative in a copy of a will, if known
A person who appears to be an heir or beneficiary

The bank will typically require a certified death certificate and identification. A bank officer will be present when the box is opened, and the initial examination is limited to locating the will and other estate documents. The contents of the box cannot be removed at this stage (other than the will and burial instructions), and a full inventory must wait until a personal representative is formally appointed by the court.

Deposited with the Clerk of Court

Florida law allows a testator to deposit their will with the clerk of the circuit court for safekeeping during their lifetime. Under F.S. § 732.901, the clerk is required to keep the will in a secure location and release it only to the testator during their lifetime or to the person entitled to it after the testator's death. If you believe the decedent may have deposited their will with the clerk, contact the clerk's office in the county where the decedent resided.

In Miami-Dade County, contact the Clerk of Courts for the Eleventh Judicial Circuit. The clerk's office can search their records to determine whether a will was deposited on behalf of the decedent. If a will is located, it can be released to the appropriate party upon presentation of a certified death certificate and proper identification.

The Duty to Deposit a Will After Death

F.S. § 732.901 imposes an important legal obligation: the custodian of a will must deposit the original will with the clerk of the circuit court having venue of the estate within 10 days after receiving information that the testator is dead. This duty applies to anyone who has possession of the will, whether that person is a family member, an attorney, a friend, or any other individual.

Failure to deposit a will with the court is a serious matter. A person who is served with a formal written demand to produce a will and fails to do so may be compelled by the court to produce it. If the will has been destroyed, lost, or concealed, the person responsible may face legal consequences, including civil liability to anyone who is damaged by the failure to produce the will.

Importantly, the duty to deposit the will with the clerk is separate from filing a petition for probate. Depositing the will does not automatically begin the probate process. A separate petition for administration must be filed to open a probate estate. However, depositing the will ensures that the document is preserved and available when the time comes to begin administration.

Searching Probate Records in Miami-Dade County

If you believe a will may have already been filed with the court as part of a probate proceeding, you can search the probate records in Miami-Dade County through several methods:

Online Search

The Miami-Dade County Clerk of Courts maintains an online case search system that allows you to search probate records by the decedent's name. You can search for open and closed probate cases, view case dockets, and in some cases access scanned documents that have been filed in the case. The online system is available through the clerk's website and is free to use for basic searches.

In-Person Search

You can visit the Probate Division of the Miami-Dade County Clerk of Courts in person to search records and request copies of filed documents. The probate clerks can assist with locating cases and providing certified copies of wills, letters of administration, and other probate documents. Fees apply for certified copies.

Searching Other Counties

If the decedent lived in a different Florida county at any point or if you are unsure where the will might have been filed, you can search the probate records of other Florida counties. Most Florida county clerks maintain online case search systems. The Florida Courts website provides links to each county's clerk of courts office.

What to Do When You Find the Will

Once you locate the original will, take the following steps:

Do not alter the will in any way. Do not write on it, remove staples, separate pages, or make any modifications. The original condition of the will is important for establishing its validity.
Deposit the will with the clerk. If the will has not already been filed, deposit the original with the clerk of the circuit court in the county where the decedent was domiciled at the time of death, as required by F.S. § 732.901. In Miami-Dade County, this is the Clerk of Courts for the Eleventh Judicial Circuit.
Consult with a probate attorney. An experienced attorney can review the will, advise on whether formal administration or summary administration is appropriate, and prepare the petition for administration.
Gather supporting documents. In addition to the will, you will need a certified death certificate, information about the decedent's assets and debts, and the names and addresses of beneficiaries and heirs.

What Happens If the Will Cannot Be Found

If the original will cannot be located despite a thorough search, the estate faces additional complications:

Presumption of Revocation

Under Florida law, if the original will was last known to be in the possession of the testator and cannot be found after their death, there is a rebuttable presumption that the testator destroyed the will with the intent to revoke it. This presumption can be overcome, but doing so requires clear and convincing evidence that the testator did not intend to revoke the will.

Proving a Lost or Destroyed Will

Florida law permits the probate of a lost or destroyed will under F.S. § 733.207, but the requirements are strict. The proponent of the will must prove:

That the will was properly executed in compliance with Florida law
That the will was not revoked by the testator
The contents of the will, which must be established by the testimony of at least one disinterested witness or by a copy of the will, if available

The attorney who drafted the will may be able to provide a copy and testify about the circumstances of its execution. Witnesses to the original signing may also be helpful. However, proving a lost will is more difficult and expensive than probating an original, and there is no guarantee of success.

Intestate Succession

If the will cannot be found and cannot be proved as a lost will, the estate will be administered under Florida's intestate succession laws. Intestacy distributes assets according to a statutory scheme based on family relationships, which may not reflect the decedent's actual wishes. The surviving spouse typically receives all or a significant portion of the estate, with children and other relatives receiving shares depending on the family structure.

Steps to Take After a Death in Florida

To ensure the will is found and the estate is administered properly, consider the following steps immediately after a death:

Secure the decedent's home and personal property. Prevent loss or theft of documents and valuables.
Search for the will in all of the locations described above.
Contact the decedent's attorney if known. The attorney may have the original will or a copy and can advise on next steps.
Obtain certified copies of the death certificate. You will need multiple copies for banks, insurance companies, the court, and other institutions. In Miami-Dade County, death certificates can be obtained from the Miami-Dade County Health Department or the Florida Bureau of Vital Statistics.
Deposit the original will with the clerk within 10 days of learning of the death.
Do not distribute any assets before the probate process is completed. Unauthorized distribution can create legal liability.
Consult a probate attorney to begin the administration process.

Preventing Problems: Where to Keep Your Will

If you are doing your own estate planning, consider these options for storing your will to ensure it can be found when needed:

Deposit it with the clerk of court under F.S. § 732.901. This ensures the will is preserved in a secure, official location.
Leave it with your attorney. Many estate planning attorneys offer to hold original wills for their clients.
Keep it in a home fireproof safe and tell your personal representative and family members where it is and how to access the safe.
Avoid storing the will only in a safe deposit box without telling anyone. Accessing the box after death requires legal steps that can delay the process.
Tell your personal representative, spouse, and children where your will is stored and who your attorney is.

Contact the Law Offices of Albert Goodwin

If you need help locating a will, filing a will with the court, or beginning the probate process after a loved one's death, the Law Offices of Albert Goodwin, PA can guide you through every step. We handle probate, lost will proceedings, and all related matters in Miami-Dade County and throughout Florida.

Call us at 786-522-1411 or email [email protected] to schedule a consultation. Our office is located at 121 Alhambra Plz #1000, Coral Gables, FL 33134.