How Do You File a Will in Florida When Someone Has Died?

How is a will filed in Florida when someone has died? This question arises every day. When someone dies in Florida, the law requires that the signed original of the will be filed with the Clerk of Court within ten days. So, whoever is holding the original will must take it there within 10 days of learning of the death. Here is how you do it:

• Find the Will: Find the signed original of the deceased’s last will and testament. It might be in their home in a drawer, a desk or a safe, or it might be in a nearby bank’s safe deposit box, or it might be held by their attorney.
• Be Sure It’s Not a Copy: Be sure the will you find is not a copy. Generally, it is the signed original of the will that the court needs in order to probate the will.
• Signs of a Signed Original Will: You can look for these signs that a will is the signed original:
  • The will was signed in blue ink on paper.
  • The back of the paper on which it was signed has an impression made by the pen pressing on the paper will.
• Do Not Alter the Original Will: It is very important that you not alter the original will. Do not write on it. Do not remove the staples.
• Take the Will to the Clerk of Court: You must file (deposit) the will at the Clerk of Court’s office in the county where the deceased lived. If you’re unsure of the Clerk’s location, you can look it up on the Florida Court Clerks & Comptrollers website. In Pinellas County, the will can be deposited with Clerk of Court Ken Burke’s office on the first floor of the Judicial Building at 545 First Avenue North in St. Petersburg or on the first floor of the Pinellas County Courthouse at 315 Court Street in Clearwater.
• Submit the Will: When you are there, hand in the signed original of the will to a Deputy Clerk.
• Obtain a Certified Copy and Receipt: Then ask the Deputy Clerk for a certified copy of the will and a receipt as proof of the deposit. Keep the certified copy of the will and the deposit receipt for your records. There is no charge to deposit the will, but there is a nominal charge for the certified copy.
• Depositing the Will Is Not the Same as Probate: Delivering the original of the will to the Clerk satisfies the law requiring the custodian to deposit the will, but it does not “probate” the will. The will is not probated until the Court enters an order admitting the will to probate.
• Then Petition the Court to Probate the Will. The next step is to petition the Court to probate the will by engaging a lawyer to open a probate proceeding.

What Happens If There is More Than One Will?

If you find more than one will, you must deposit all of the wills with the Clerk of Court. Then, the probate Court must decide which one was the last valid will. This is done by someone filing a petition to admit one of the wills to probate and notifying the interested persons named in the other wills. Lawyers are required in order to deal with the due process issues that arise in probate cases, especially when there are multiple wills.

The Florida Probate Code Requires Filing an Original Will Within Ten Days

You might wonder what exactly does Florida law say about filing wills. The Florida Probate Code clearly describes what anyone who has a signed original will must do after a Florida resident dies:

“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 the last four digits of the testator’s social security number to the clerk upon deposit.”

Florida Statutes Section 732.901 Production of wills

Florida law requires the Clerk of Court to “retain and preserve the original will in its original form for at least 20 years.”

Florida Probate Lawyer

Remember, during this difficult time, it can be beneficial to seek legal advice to ensure all steps are correctly followed. James W. Martin is a probate attorney in St. Petersburg, Pinellas County, Florida, whose Board Certification in Real Estate Law by The Florida Bar, assists him in drafting wills and trusts for clients and in advising personal representatives and beneficiaries after someone has died.

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This page relates to one of the practice areas of St. Petersburg, Pinellas County, Florida lawyer James W. Martin. For other practice areas, click here.

Contact

If you have the need for a St Petersburg Pinellas County Florida probate attorney, you may use the contact form below or call James W. Martin directly at 727-821-0904 or email him at jim@jamesmartinpa.com for an initial consultation.

The text on this page was written by James W. Martin, Esq. and was last updated on July 12, 2025.