Florida Statute 732.901
“Production of wills”
What it means
Whoever holds a Florida decedent's original will — the custodian — must deposit it with the clerk of the court having venue of the estate within 10 days after receiving information that the testator is dead, supplying the date of death or the last four digits of the testator's Social Security number. The duty runs on its own, whether or not anyone opens a probate.
A custodian who sits on the will can be compelled by petition, and one who had no just or reasonable cause for the delay pays the petitioner's costs, damages, and a reasonable attorney's fee.
- Deadline: 10 days after the custodian receives information that the testator is dead.
- Deposit is with the clerk of the court having venue, with the date of death or the last four digits of the testator's Social Security number.
- On petition and notice, a custodian can be compelled to produce and deposit the will; without just or reasonable cause, the custodian owes costs, damages, and attorney's fees.
- An original will submitted with a petition or pleading is deemed deposited.
- The clerk retains the original will, in its original form, for at least 20 years — digitizing it does not excuse keeping the paper.
- “Will” includes separate writings disposing of tangible personal property under §732.515.
How it plays out
The 10-day duty is the most-missed deadline in Florida probate, usually from ignorance rather than bad faith — families assume the will stays in the drawer until they hire a lawyer. It doesn't: the deposit obligation stands on its own, separate from any decision about administration. We also use subsection (2) from the other side — when a will is being withheld, a petition compels deposit, with fees against a custodian who had no just cause. Filing the original with the petition for administration satisfies the duty in one step.
Where this shows up
Pages on this site where § 732.901 does real work:
Questions people ask
