In Florida probate, what if the original will isn’t deposited within 10 days?
Although there’s no hard deadline to open a probate, the original will must be deposited with the clerk within 10 days of learning of the death.
Most of our clients spend at least ten days grieving and dealing with the immediate tasks surrounding a loss before they even learn about this deadline.
Before you panic, here are a few things to keep in mind:
- It’s a legal duty, not a hard stop. Florida law says the will’s custodian “must” deposit the original with the clerk within 10 days after learning of the death. Probate can still proceed if it’s filed later.
- How is it enforced? A court can order the custodian to produce the will. If the judge finds there was no reasonable cause for the delay, the court can make the custodian pay costs, damages, and attorney’s fees to the person who had to file the petition.
- Is it criminal? No, but civil liability is possible if someone is harmed by the delay (for example, increased costs or missed deadlines).
- Practical reality: In many cases, nothing dramatic happens if you’re late, especially when everyone cooperates and no one is prejudiced. But if there’s a dispute, the delay can become an issue and the court can step in.
- Tip: If you’re ready to open probate, filing the original will with your petition counts as “depositing” it.