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Detailing the duties of a custodian of a will

We here at The Law Offices of Frye and Vazquez, P.L. are often questioned by Miami residents about the duties that interested parties to an estate have regarding the provisions of a will. Yet few may be concerned about the management and preservation of the actual will itself. However, without the actual physical document, all matters concerning the disposition of an estate may be moot. Thus, if you have been asked to be the custodian of a will, you may want to know what duties such a role requires.

Your being entrusted as the custodian of a will is different than being named the executor or personal representative of the estate. Whereas the latter role requires you to oversee the execution of the will, being the custodian simply means that you are responsible for the document itself. Florida law requires that you submit your family member or friend’s will within 10 days of being notified of his or her passing. The will must be deposited with the clerk of the court in county that has jurisdiction over the estate. You must also provide either the your loved one’s date of death or the last four digits of his or her Social Security number upon submission.

If another has been named the custodian of will for an estate that you may have interest in, and he or she fails to produce the will, you may petition the court to compel him or her to do so. If the court determines that the custodian had no good reason to not release the will, he or she may also be forced to reimburse you for your legal fees. You can learn more about your role relative to an estate by continuing to explore our site.

 

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