How Do You File a Will in Pinellas County, Florida?

Florida Probate Code Section 732.901 says:

This question arises every day. When someone dies in Florida, the law requires that the signed originals of all wills be filed with the Clerk of Court within ten days. So, whoever is holding the original wills must take them here within 10 days after learning of the death. Here is how you do it:

• Determine Venue: The statute requires that all wills be filed with the clerk having venue of the estate. Florida Statutes Section 733.101 says that venue for probate of wills shall be “(a) in the county in this state where the decedent was domiciled; (b) if the decedent had no domicile in this state, then in any county where the decedent’s property is located; (c) if the decedent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides.” So, in order to file the original will in Pinellas County, the person who died must have either been a permanent resident of Pinellas County or owned property in Pinellas County or have a creditor who resides in Pinellas County.
• Find the Will: Find the signed originals of the deceased person’s wills. The wills might be in their home in a drawer, a desk or a safe, or they might be in a nearby bank’s safe deposit box, or they might be held by an 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 a 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 Wills: It is very important that you not alter the original will. Do not write on it. Do not remove the staples.
• Take the Wills to the Clerk of Court: You must file (deposit) the will at 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 Wills: When you are there, hand in the signed originals of all wills to a Deputy Clerk.
• Obtain Certified Copies and Receipt: Then ask the Deputy Clerk for a certified copy of each will and a receipt as proof of the deposit. Keep the certified copies of the wills and the deposit receipt for your records. There is no charge to deposit the wills, but there is a nominal charge for the certified copies.
• Depositing the Wills Is Not the Same as Probate: Delivering the original of the wills to the Clerk satisfies the law requiring the custodian to deposit the wills, but it does not “probate” a will. The will is not probated until the Court enters an order “admitting” the will to probate. Florida Statutes Section 733.103 says: “Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator.”
• Then Petition the Court to Probate One of the Wills. The next step is to ask the Court to probate one of the wills by engaging a lawyer to open a probate proceeding and filing the petition. This applies whether the estate is a summary probate or a formal 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 Court will 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.

How Long Must the Clerk Keep the Originals of Wills?

Florida Statutes Section 732.901 says: “Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years.”

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This page was created for general background and educational purposes, is not legal advice, and does not create an attorney-client relationship.

Updated August 5, 2026