What Happens if You Can't Find a Lost Will in Miami, Florida?

You knew your loved one had a Will. You may have even heard them talk about it or seen a draft years ago. But now they’ve passed, and no one can find the original signed copy.

This situation can feel overwhelming, especially when there are bank accounts, real estate, or personal property in the decedent’s estate that need to be distributed. In Miami and throughout Florida, a lost Will doesn’t necessarily mean your loved one’s wishes will be ignored, but it can change the probate process significantly.

Below, we explain what may happen if the Will can’t be found, how Florida probate law treats a destroyed or lost Will, and what your next steps should be if you're facing probate in Miami-Dade County.

Does Florida Accept Copies of a Lost Will?

In some cases, yes. Under Florida Statutes § 733.207, a copy of a lost or destroyed Will may be admitted to probate, but only if the person offering the copy can establish:

• That the Will was properly executed;
• The specific contents of the Will;
• That the Will was not revoked before the decedent’s death.

Florida law requires the specific content of a lost or destroyed Will to be proved by the testimony of two disinterested witnesses. However, if a correct copy is available, it may be admitted with the testimony of just one disinterested witness. This legal standard can be difficult to meet, especially if key witnesses are unavailable or if the Will was never shared with anyone outside the decedent’s household.

Florida courts also apply a presumption that the Will was revoked if it was last in the decedent’s possession and cannot be located after death. This presumption can be overcome, but doing so requires strong, credible evidence that the Will existed, was properly executed, and was not intentionally destroyed or revoked.

What Happens if the Will Cannot Be Found?

If the original signed Will cannot be found and a copy cannot be authenticated according to Florida probate law, the decedent will be treated as if they died intestate. That means the estate must proceed through probate without a Will under Florida's intestate succession rules.

In this scenario, the probate court will follow Florida Statutes §§ 732.101–732.111 to determine how the decedent’s estate should be distributed.

Typically:

• The surviving spouse, if any, receives a substantial share.
• If there are children, they may inherit the rest, split according to biological and adopted relationships.
• If there is no surviving spouse or children, the estate may go to parents, siblings, or other appropriate heirs.

Who Becomes the Personal Representative?

When no Will is found, the probate court must appoint a personal representative according to the priority system under Florida Statutes § 733.301. Generally, the surviving spouse has first priority, followed by other family members.

If you believe your loved one named you as the nominated personal representative in the lost Will,, you’ll need to present evidence supporting that designation.

How Probate Administration Works Without a Will

If the court deems the Will lost and unprovable, the estate enters formal administration under intestate rules. This involves:

• Filing a petition with the probate court;
• Identifying and notifying potential heirs;
• Gathering and valuing the assets contained in the estate;
• Paying outstanding debts and taxes;
• Distributing what remains to the rightful heirs.

This process may be more complex if there are contested issues.

What Can Make a Lost Will Case More Complicated?

Certain factors can increase the likelihood of litigation or delays in probate administration:

• Disputes between family members about what the decedent’s wishes were;
• A photocopy of a Will that benefits one heir over others;
• Allegations of undue influence or incapacity;
• Assets titled only in the decedent’s name with no designated beneficiary;
• Trust litigation involving previously created estate planning documents.

Because these probate matters often involve financial matters, fiduciary duty, and legal requirements that are unique to Florida probate, legal counsel can make a significant difference.

What About Summary Administration?

If the total value of the estate is less than $75,000 or the decedent has been dead for more than two years, you may qualify for summary administration. This simplified process is available even in cases without a Will, though it still requires the court to approve the distribution of the decedent’s estate.

Why a Lost Will Often Leads to Probate—And How Planning Could Prevent It

When a Will goes missing, there's usually no choice but to go through the probate process. Even if your loved one intended to avoid court involvement, failing to update estate planning documents or relying only on a misplaced Will can undo those efforts.

Many Miami residents choose to use tools like revocable trusts, payable-on-death accounts, or joint ownership to keep their estates out of probate. But those strategies must be clearly documented and properly executed. If they're missing, or if a lost Will was the only document in place, the probate court will need to step in.

Don’t Let a Lost Will Derail the Probate Process in Miami

If your loved one’s Will is missing, the stakes are high. Whether you have a copy, believe it was destroyed, or are left with no Will at all, the outcome can affect every person who expected to inherit. Florida probate law doesn’t leave much room for error.

At Denise Jomarron Legal Group, our Miami, Florida probate lawyers take a hands-on approach to complex estate matters. We help families work through missing Wills, identify rightful heirs, and resolve disputes in probate court. If you’ve been searching online for “probate law firms near me” or trusted “probate lawyers in Miami, Florida,” we’re here to provide the personal attention and direction you need.

Call (305) 402-4494 or fill out our confidential online form to schedule your free consultation. We serve families in Miami, Coral Gables, Coconut Grove, Fort Lauderdale, Palm Beach, and other nearby cities.

At Denise Jomarron Legal Group, we are dedicated to understanding your needs, the needs of your family, and explaining what actions we can take on your behalf. We will work with you every step of the way to make certain you are satisfied and confident about your future. 

Copyright © 2025. Denise Jomarron Legal Group. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Denise Jomarron Legal Group
4300 Biscayne Blvd., Suite 305
Miami, FL 33137-3255
(305) 402-4494
https://djlegalgroup.com