Florida Probate Rule 5.043

Deposit of Wills and Codicils

Text of the rules effective October 1, 2026.

Amended Oct. 1, 2026See what changed

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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.

Notes

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
New Rule.
2020
Added reference to deposit of electronic wills consistent with section 732.526, Florida Statutes. Committee notes revised.
2026
Committee notes revised.

References

Statutory References

Rule References

  • Fla. R. Gen. Prac. & Jud. Admin. 2.430 Retention of court records.
  • Fla. R. Gen. Prac. & Jud. Admin. 2.525 Filing.

Commentary from Matt Weidner

Probate attorney, Weidner Law, St. Petersburg. Videos open in a player.

5 043 Deposit of Wills and 732 901 Production of Wills

5 043 Deposit of Wills and Codicils