Missed the 10-Day Deadline to File a Will in Florida? Here’s What You Need to Know
Losing a loved one is overwhelming. There are emotions to process, family to comfort, and what feels like a thousand practical matters to manage. So if you’re the one holding onto your loved one’s will (known as the custodian of the will), you might not immediately realize there’s a legal clock ticking.
Under Florida Statute § 732.901, the person who has the original will (the custodian) must “deposit” it with the court within 10 days of learning the person has died. Although this law seems hurried and harsh—particularly for people who are grieving—it’s meant to get the probate process moving without unnecessary delays.
What Happens If You Miss the Deadline?
If the will isn’t filed on time, the court can step in. Here’s how:
You may be ordered to file it. If someone asks the court to intervene, the judge can require you to deposit the will with the clerk.
You could be responsible for legal costs. If the court finds there wasn’t a good reason for the delay, you may have to cover the costs and attorney’s fees of the person who filed the petition.
Continued delay can lead to serious consequences. In extreme cases, ignoring a court order to produce the will could lead to being held in contempt of court.
But What If You Had a Good Reason?
Maybe you didn’t know about the deadline. Maybe there was confusion or uncertainty about the situation. Florida courts look at the specific circumstances of each case to decide whether there was a "just or reasonable cause" for the delay.
The key is whether the delay was truly unavoidable or just a misunderstanding—not simply procrastination.
Be Kind to Yourself—Then Take Action
If you’re in this position, you should not panic, but you should act quickly. Given the potential consequences if a will is not deposited timely, it is crucial for the custodian to comply with the statutory requirement to deposit the will promptly to avoid legal and financial repercussions.
Depositing the will is just the first step in the probate process which many people consider to be convoluted and time-consuming. If you are unsure of what to do next, consulting with a probate attorney can ease the burden during this difficult time.
At Brett Legal, we assist clients throughout the entire probate process from depositing wills through closing the estate. If you are looking to hire a probate attorney, please do not hesitate to contact us.
-Silvia A. Brett, Esq.
Silvia Brett is a Probate and Estate Planning attorney located in St. Petersburg, who assists clients throughout the state of Florida. Click here for more information.
Disclaimer: The information provided on this blog is for general informational purposes only and is not intended to be legal advice. The content may not reflect the most current legal developments, and it is not guaranteed to be complete or up-to-date. The information on this blog should not be taken as legal advice for any specific case or situation. You should not act or refrain from acting based on any content included in this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in your jurisdiction. The author expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this blog. If you have any questions about your legal rights or obligations, you should consult an attorney.
