how to find the lawyer that wrote my will florida

by Prof. Amos Jacobi II 7 min read

Assuming he hasn’t died, you might be able to track down the lawyer who drafted the will. Call your state’s bar association to find out if it still has contact information for him. Check the phone directory for personal listings of people with the same name.

Full Answer

How to file a will in Florida?

No, in Florida, you do not need to notarize your will to make it legal. However, Florida allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the …

How do I find a will if I don't know the lawyer?

Aug 12, 2011 · How can i find the lawyer who wrote a will? - Answered by a verified Lawyer. We use cookies to give you the best possible experience on our website. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them.

How do I get a copy of a will from a lawyer?

Jan 27, 2022 · An individual can find out if a probate case has been filed by performing a case search online at the clerk of court’s website. They can also go to a courthouse located in the proper county and perform a name search for the decedent on a public access terminal. In addition, they can mail a written request to the clerk of court.

Why do I need a Florida-licensed Wills attorney?

If there is no lawyer referral service in your city, the statewide Florida Bar service can locate a lawyer for you. You can call toll-free at 1-800-342-8011. The statewide service, which operates only in cities where there is no Bar-sponsored local program, will refer you to an attorney with whom you can have an initial visit for a small fee.

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Are wills public record in Florida?

Florida courts do not make wills or other probate records directly available via the Internet. But anyone who shows up at the clerk's office and asks to see the will–or even make a copy–is free to do so.Apr 11, 2019

How do I find a will in Florida?

The easiest way to get a copy of the will is to contact the executor of the estate and request one. If you know who the executor is, this might be just a phone call. If you don't know who was named executor, you can call the Florida probate court in the county in which your father resided.Jul 25, 2018

Do wills have to be filed with the court in Florida?

A note about wills: Whether or not probate will be necessary, Florida law requires that anyone who has possession of a will must file it with the local circuit court within 10 days of learning of the death. If a probate court proceeding is necessary, the court will determine whether or not the will is valid.

Is there a database for wills?

The National Will Register is our preferred provider of a National Will Register and will search service. It's used by thousands of solicitors every day to register and search for wills.

How do you find out if a will has been filed in Florida?

An individual can find out if a probate case has been filed by performing a case search online at the clerk of court's website. They can also go to a courthouse located in the proper county and perform a name search for the decedent on a public access terminal.Jan 27, 2022

Is it possible to get a copy of someone's will?

Who is entitled to a copy of a will? While the testator (that's the person who made the will) is still alive, the will is a private document. You can only see a copy of the will with their permission.

Who keeps the original copy of a will?

Generally, attorneys, banks and financial institutions who offer the service of drawing Wills, also offer the service of keeping your Will in safekeeping for you. Most attorneys, who offer such a service, do not charge a fee to keep your Will in safekeeping.Nov 1, 2017

Can an executor of a will be a beneficiary in Florida?

Under Florida law, the considerations that factor into the court's choice of a personal representative do not include any individual's designation as a beneficiary of the decedent's will.Jul 9, 2020

Is a handwritten notarized will legal in Florida?

Although holographic wills are valid in many states across the country, they are not valid in Florida. A handwritten will is valid in Florida only if it has been properly signed and witnessed.Sep 18, 2017

Can you look at someone's will online?

Because probate files are public court records that anyone can read, you should be able to obtain a copy of it any will that has been filed for probate. 1 And with modern technology comes the ability to locate information about a deceased person's estate online, and in most cases for absolutely free.

How do you find if someone had a will?

Wills are public documents. Contact the probate court in the county where your father lived and see whether there is a will on file. Court clerks should be able to track wills by date of death and name.

How do you find if a will exists?

How to find a willSearch the house. It sounds obvious, but the first place you should look is at the deceased's home, as many people store their will (or a copy of it) in their home. ... Ask their solicitor. ... Ask their bank. ... Carry out a will search.Dec 9, 2019

Steps to Create a Will in Florida

Here’s a quick checklist for making a will in Florida: Decide what property to include in your will. Decide who will inherit your property. Choose...

Why Should I Make an Florida Will?

A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to: leave your property to...

What Happens if I Don’t Have a Will?

In Florida, if you die without a will, your property will be distributed according to state "intestacy" laws. Florida's intestacy law gives your pr...

Do I Need a Lawyer to Make a Will in Florida?

No. You can make your own will in Florida, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. Fo...

What Are the Requirements for Making a Will in Florida?

To make a will in Florida, you must be: 18 years of age or older (or an emancipated minor), and of sound mind. Fla. Stat. Ann. § 732.501. Florida d...

How Do I Sign My Florida Will?

To finalize your will in Florida: you must sign your will or acknowledge it in front of two witnesses, and your witnesses must sign your will in fr...

Do I Need to Have My Will Notarized?

No, in Florida, you do not need to notarize your will to make it legal. However, Florida allows you to make your will "self-proving" and you'll nee...

Should My Will Name a Personal Representative?

Yes. In Florida, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after you...

Can I Revoke or Change My Will?

In Florida, you may revoke or change your will at any time. You can revoke your will by: burning, tearing, canceling, defacing, obliterating, or de...

Can I Make a Digital or Electronic Will?

In a few states, you can make a legal will digitally – that is, you can make the will, sign it, and have it witnessed without ever printing it out....

Who Should Lead The Search?

The executor of the will—the person the will names to take charge of the person’s affairs when the time comes—is the person who should take custody...

Filing The Will: It’S The Law

Whether or not a probate court proceeding is planned, the person who has possession of the original will must file it with the probate court after...

What If You Can’T Find A Will?

Lots of Americans—more than half, by some estimates—don’t leave a will. So if you can’t find one, the reason may simply be that the deceased person...

Where to file a will in Florida?

Under Florida law, the personal representative for the estate of a deceased person is required to file the will with the probate court in either the county where the decedent maintained a permanent residence or owned land.

How to get a copy of a will in Florida?

Visit the Florida probate clerk during working hours and give the clerk the file number. The probate clerk will be able to retrieve a copy of any filings made in the decedent’s probate case , including a copy of the will and any codicils.

How to contact a lawyer in Florida?

If there is no lawyer referral service in your city, the statewide Florida Bar service can locate a lawyer for you. You can call toll-free at 1-800-342-8011.

How old do you have to be to make a will?

The laws of each state set the formal requirements for a legal will. You, the maker of the will (called the testator), must be at least 18 years old. You must be of sound mind at the time you sign your will. Your will must be written.

What is a trust in a will?

A trust may be created in your will whereby the estate or a portion of the estate will be kept intact with income distributed to or accumulated for the benefit of members of the family or others. Minors can be cared for without the expense of proceedings for guardianship of property.

What happens if you die without a will?

If you die without a will (this is called dying “intestate”), your property will be distributed to your heirs according to a formula fixed by law. Your property does not go to the state of Florida unless there are absolutely no heirs at law, which is very unlikely.

How many acres are in a homestead?

Except in certain very specific circumstances, a homestead (that is, the residence and adjoining lands owned by a person who is survived by a spouse or minor child up to one-half acre within limits of an incorporated city or town or up to 160 acres outside those limits).

Can a spouse cancel a will in Florida?

Marriage does not cancel a will in Florida, but a spouse acquired after the execution of your will may receive the same portion of your estate that he or she would have received had you died without a will (at least one-half).

What happens if you don't make a will?

In other words, if you fail to make a will, the inheritance statute determines who gets your property. The inheritance statute contains a rigid formula and makes no exception for those in unusual need. When there is no will, the court appoints a personal representative, known or unknown to you, to manage your estate.

1 attorney answer

I'm sorry for your loss. Sometimes, athough not frequently, wills are filed with the probate court for the county where a person lives. If you call the court clerk, they will tell you. A better bet might be to go through your mother's checkbook or credit card statements and look for a check or payment to an attorney or law firm. Good luck!

Mark D. Goudy

I'm sorry for your loss. Sometimes, athough not frequently, wills are filed with the probate court for the county where a person lives. If you call the court clerk, they will tell you. A better bet might be to go through your mother's checkbook or credit card statements and look for a check or payment to an attorney or law firm. Good luck!

Where can I get a copy of my will?

The lawyer will then be required to file the will with the probate court, and you can get a copy. If you know the lawyer's name but don't have contact information, you can probably find it online or get it from the state bar association.

What is a handwritten will called?

These handwritten wills are called "holographic" wills and are valid in about half the states. For your state's rule, see " Holographic Wills .". While you're looking, also pay attention to: Codicils. A codicil is a document that changes or adds to the terms of a will.

What happens after a loved one dies?

After a loved one dies, the person who will be wrapping up the estate needs to look for the deceased person's will, and keep it safe once it's found.

How long do you have to file a will after a person dies?

By law, most states require that you deposit the original will with the probate court in the county where the person lived within 10 to 30 days after it comes into your possession.

Can a lawyer draft a will?

If the deceased person hired a lawyer to draft the will, the lawyer may have the original signed document or a copy of it. If you think that's the case, call the lawyer to notify him or her of the death. The lawyer will then be required to file the will with the probate court, and you can get a copy.

What is a personal property memorandum?

This kind of list—the legal term in most states is a "personal property memorandum"—is easier to make than a will, because it doesn't have to be signed in front of witnesses. It can be used to tangible personal property items, which means items like books, cars, or furniture, or heirlooms.

Can you get into a safe deposit box?

This keeps the document safe, but it's usually a bad idea for other reasons, which become obvious as soon as you need access to the box and can't get it. No one but an owner can get into a safe deposit box, and if the deceased person was the only owner, it could be a hassle for anyone else to get access.

What to do if you can't find an attorney?

If you can’t find the attorney, you’ll have to figure out where he might have placed the will when he stopped practicing. Some state probate courts accept wills for safekeeping before the testator’s death. If yours does, call the court to see if the attorney transferred possession of the will to the court. If not, the court might have knowledge of ...

What happens if you don't find a will?

In most states, if you fail to locate a will, the law presumes that it’s because your loved one revoked it before his death by destroying it. The court will probate his estate as though he died intestate -- that is, without a will. However, if you were able to find a copy, you can try to convince the court to honor it.

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