How Can I Obtain a Copy of My Deceased Parents’ Will if My Siblings Will Not Share It?
QUESTION: Both of my parents have passed away, and I believe they left a will. My siblings may have possession of the original will, but they will not allow me to review it or provide me with a copy.
What steps can I take to find out whether the will has been filed with the probate court and obtain a copy? If a sibling has the original will but refuses to file or produce it, what legal options may be available to require that person to deposit the will with the court?
ANSWER:
If you believe a sibling has possession of your deceased parent’s original will but refuses to share it, Florida law provides a process for addressing that situation.
A person who has custody of an original will generally must deposit it with the clerk of the circuit court in the county where the deceased person lived within 10 days after learning of the death. If the will has already been filed, you may be able to obtain a copy from the probate court’s records. If it has not been filed and the person holding it refuses to produce it, an interested person may petition the probate court to require that person to deposit the will.
A child of the deceased may have standing as an interested person because the probate proceeding could affect that child’s inheritance rights. In appropriate circumstances, the court may award costs, damages, and attorney’s fees against a person who had no reasonable cause for failing to deposit the will.
If you are concerned that probate may be opened without your knowledge, you may also wish to discuss filing a caveat with a Florida probate attorney so that you receive notice before a will is admitted or a personal representative is appointed.
Each situation depends on the estate documents, whether probate has already begun, and whether there is evidence that a will has been withheld, destroyed, or altered.