A will is a document that expresses how a person wishes to have his or her property distributed after death. A will usually names a personal representative to administer the estate.
The custodian of the will must file the original will in the office of the Clerk of the Circuit Court within 10 days of receiving information that the person is deceased. The custodian should deposit the will with the Clerk in the county where the decedent resided. The custodian must supply the person's date of death or the person's social security number to the Clerk upon deposit of the will.
The court will determine the validity of the will and oversee the process to ensure that the estate is properly administered.
If a person dies intestate (without a will), his or her property will be distributed according to Florida law.
There is no fee to file a will, however, there is a $6.00 fee for a receipt of will.
An attorney is not necessary to deposit a will with the Clerk Office. However, you may wish to consult with an attorney before filing so that he or she may determine whether probate proceedings are necessary.
Looking up court case information is easy with my eClerk. Follow the steps below to search wills filed in Orange County:
- Visit our my eClerk website
- Select Records Search
- Under Case Type, select Wills for Safekeeping
- Enter an approximate date range of when the will would have been filed