RULE 5.043. DEPOSIT OF WILLS AND CODICILS

Notwithstanding any rule to the contrary, and unless the court
orders otherwise, any original executed will or codicil, including but
not limited to an electronic will, deposited with the court must be
retained by the clerk in its original form and must not be destroyed
or disposed of by the clerk for 20 years after submission regardless
of whether the will or codicil has been permanently recorded as
defined by Florida Rule of General Practice and Judicial
Administration 2.430.

Committee Notes

2012 Adoption. Florida Rule of General Practice and Judicial
Administration 2.525 requires that all documents be filed with the
court electronically. Although the Florida Statutes direct deposit of
a will, rather than the filing of the will, the committee believes that
original wills and codicils should be retained in their original form
longer than other documents filed with the court due to the unique
evidentiary aspects of the actual document. These unique aspects
could be lost forever if the original document were converted to
electronic form and the original destroyed.

Rule History
2012 Revision: New Rule.

2020 Revision: Added reference to deposit of electronic wills
consistent with section 732.526, Florida Statutes. Committee notes
revised.

Statutory References

§ 731.201(16), (40), Fla. Stat. General definitions.

§ 732.526, Fla. Stat. Probate.

§ 732.901, Fla. Stat. Production of wills.

Rule References

Fla. R. Gen. Prac. & Jud. Admin. 2.430 Retention of court
records.

Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic filing.