Florida law requires the custodian of a will to deposit it with the Clerk of the Circuit Court (Probate Division) in the county where the deceased lived, within 10 days of learning of the death. Probate case files are generally public record, though documents revealing financial details of the estate stay confidential. Start by checking the home, a safe deposit box, the drafting attorney, and the county Clerk’s probate records. If no will turns up, the estate passes under Florida’s intestate succession laws.
If you’re searching for a deceased loved one’s will in Florida, start close to home, then move outward to the courts. Florida law (Fla. Stat. § 732.901) requires anyone holding a decedent’s original will — a family member, friend, attorney, or bank — to deposit it with the Clerk of the Circuit Court in the county where the person lived, within 10 days of learning about the death. That means the will may already sit in a probate file at the local courthouse. It may also still be stored in a drawer, an attorney’s office, or a safe deposit box at a bank.
While some states maintain repositories or allow wills to be deposited with the court during a person’s lifetime, Florida does not. Most wills remain private and are stored at home, with an attorney, in a safe deposit box, or in another secure location.
After a person dies, Florida law generally requires anyone holding the original will to deposit it with the Clerk of the Circuit Court in the county where the deceased person lived, usually within 10 days of learning of the death. If the will cannot be found, it obviously cannot be filed.
Once deposited or filed, the will is maintained by the Probate Division of the Circuit Court in the county where the decedent lived. The Clerk of the Circuit Court receives, dockets, and stores the will as part of the probate record.
To search for a will or probate case in Florida:
Florida has 20 judicial circuits and dozens of county clerk offices. Online tools, fees, and procedures vary by county, so always confirm details with the clerk’s office handling the estate.
To find the correct court, start with the county where the deceased person lived at the time of death. The Clerk of the Circuit Court in that county handles probate matters, including wills. Online search tools, fees, and procedures vary by county, so always confirm details with the clerk’s office handling the estate.
It depends on the county and on whether someone has opened a probate case:
These are official starting points for some of Florida’s largest county clerk offices. Each links to that county’s probate division page, where you can find contact information, online search tools, and forms:
If the decedent lived in a different county, search for “[County name] Clerk of Court probate division” to find that county’s equivalent page.
Florida law sets out a specific, limited process for accessing a deceased person’s safe deposit box — even before a personal representative is formally appointed.
Under Fla. Stat. § 655.935, a bank must let certain people open and examine a safe-deposit box once they show proof of the lessee’s death. If a court order names someone for this purpose, that person may access the box. Otherwise, the spouse, a parent, an adult descendant, or someone named as personal representative in a copy of the will may open and examine the box’s contents — as long as they show proof of death to the bank.
If a document inside looks like a will, the bank must remove it and deliver it to the court with probate jurisdiction — and only that document, nothing else.
Once the court appoints a personal representative, Florida law requires the bank to grant full access to the safe deposit box. The personal representative can present certified letters of administration and remove the contents as part of the estate administration process.
Under Fla. Stat. § 733.6065, the personal representative must follow formal procedures when opening the box as part of estate administration. Two of the following must be present for the initial opening: an employee of the institution, the personal representative, or the representative’s attorney of record. Those present must also make and verify an inventory of the contents.
Florida does not have a statewide public will registry where you can search for a person’s will.
Florida law requires anyone holding an original will to file it with the Clerk of the Circuit Court after the person’s death. However, this only helps if the will has already been filed and you know which county to search.
National registries can help fill that gap. For example, The U.S. Will Registry documents the location of their will during their lifetime. Once registered, family members, attorneys, or the court may be able to learn where the will is stored, such as with an attorney, in a safe deposit box, or in another secure location.
This can be especially helpful in Florida, where many people own property, move between states, or maintain residences in more than one location.
If a diligent search turns up no valid will, Florida’s intestate succession laws (Fla. Stat. §§ 732.101–732.111) determine how the estate gets distributed, and the probate court appoints a personal representative to administer it.
If a Florida resident dies without a valid will, Fla. Stat. § 732.102 determines the surviving spouse’s share, and Fla. Stat. § 732.103 covers the share of other heirs.
Surviving spouse’s share depends on the family situations if:
When the deceased person leaves no surviving descendants, the surviving spouse inherits the entire estate. The spouse receives everything under Florida intestate succession laws.
A surviving spouse inherits the entire estate when all of the deceased person’s descendants are also the spouse’s descendants. The spouse also cannot have descendants from another relationship.
A surviving spouse generally inherits one-half of the estate when the deceased person has descendants from another relationship. The remaining half passes according to Florida intestate succession laws.
Different rules apply when the deceased person and spouse have children together, but the spouse also has descendants from another relationship. In this situation, the surviving spouse generally inherits one-half of the estate.
Other heirs: If no spouse survives — or after the estate allocates the spouse’s share — the remainder generally passes to the decedent’s descendants per stirpes. If no descendants exist, the estate passes to surviving parents, then to siblings and their descendants, and ultimately to more distant relatives under the statutory order in § 732.103. If no heirs turn up at all, the estate escheats to the state.
For a fuller breakdown of who inherits without a will see the Florida guide to Florida inheritance and intestate succession.
Several features of Florida probate law make it distinct from other states:
Summary Administration for Smaller or Older Estates: Florida offers a simplified probate process called summary administration for certain estates. Beginning July 1, 2026, estates valued at $150,000 or less may qualify, as well as estates where the person has been deceased for more than two years.
This article is provided for general informational purposes only and does not constitute legal advice. Probate procedures, filing fees, and online record availability vary by Florida county and can change over time. For guidance on a specific estate, consult a licensed Florida probate attorney or contact the Clerk of the Circuit Court in the relevant county.
Contact the Clerk of the Circuit Court, Probate Division, in the county where the decedent lived. Many counties offer online case index searches; obtaining copies of the will itself may require an in-person visit, a written request, or a small per-page fee, depending on the county.
Once filed with the probate court as part of an estate case, a will generally becomes part of the public court file. However, documents disclosing the financial details of the estate, such as inventories, are kept confidential to protect beneficiaries’ privacy.
In limited circumstances, yes. A spouse, parent, adult descendant, or a person named as personal representative in a copy of the will may examine the box’s contents upon proof of death. Any document that appears to be a will must be turned over to the probate court rather than removed by that individual.
The estate is distributed under Florida’s intestate succession statutes (Fla. Stat. §§ 732.101–732.111), and the probate court appoints a personal representative according to a statutory order of priority.
This article was prepared by estate planning researchers and reviewed by S. Miller and staff. With more than 25 years of experience in estate planning documentation and probate processes, our editorial oversight ensures clarity and accuracy. This content is provided for informational purposes only and does not constitute legal advice.
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