We Just Found a New Will After Probate—What Happens Now?

It’s a scenario that happens more often than you might think: a family is in the middle of probating a loved one’s will when suddenly someone discovers a different will tucked away in a safety deposit box, hidden in a desk drawer, or stored with a different attorney.

This unexpected discovery can throw the entire probate process into question and leave family members wondering, “What happens now?”

If you’ve found yourself in this situation, you’re probably feeling confused and maybe even a bit anxious. Let’s break down what happens when a later will is discovered in Florida and what steps you should take next.

Florida Law on Later Wills

In Florida, the law provides a clear process for handling the discovery of a newer will. According to section  733.208, Florida Statutes:

“On the discovery of a later will or codicil, any interested person may petition to revoke the probate of the earlier will or to probate the later will or codicil. No will or codicil may be offered after the testate or intestate estate has been completely administered and the personal representative discharged.”

What does this mean in plain English? Essentially, if a newer will turns up while probate is still in progress, there’s a legal pathway to present this will to the court. However, once probate is finished and closed, it’s generally too late to introduce a new will.

Key Questions to Consider When a New Will Is Found

When a different will is discovered, several important questions need to be addressed:

1. Is the newly discovered will actually more recent?

Check the dates on both wills. In general, a more recent will supersedes an older one, especially if it contains language that explicitly revokes all previous wills. Look for phrases like “I hereby revoke all prior wills and codicils.”

2. Is the new will valid under Florida law?

For a will to be valid in Florida, it must meet certain requirements:

• The testator (person making the will) must be at least 18 years old and of sound mind
• The will must be in writing
• The will must be signed by the testator
• The will must be signed by at least two witnesses who were present when the testator signed

If the newly discovered will doesn’t meet these criteria, it may not be valid regardless of when it was created.

3. Where are you in the probate process?

The timing of the discovery matters significantly. If the estate is still being administered, there’s a better chance of having the court consider the new will. If the estate has been completely distributed and closed, it becomes much more difficult (and sometimes impossible) to reopen the case.

Steps to Take When You Discover a New Will

If you’ve found what appears to be a more recent will, here’s what you should do:

1. Secure the document

Make sure the newly discovered will is kept safe and that its condition is preserved. Don’t make any marks on it or alter it in any way. Make several copies of the document for reference purposes while keeping the original secure.

2. Contact an experienced probate attorney immediately

This is not a situation to handle on your own. The legal process for introducing a newly discovered will can be complex, and the time constraints are strict. An experienced probate attorney can evaluate the validity of the new will and advise you on the proper legal steps.

3. File a petition with the probate court

If the will appears valid and is indeed more recent, your attorney will help you file a petition to revoke the probate of the earlier will and admit the new will to probate. This must be done while the estate is still open.

4. Notify interested parties

All beneficiaries named in both wills, as well as the personal representative currently administering the estate, must be notified about the discovery of the new will. This gives all interested parties an opportunity to be heard.

5. Prepare for a potential will contest

When a new will is introduced, especially if it significantly changes how assets are distributed, challenges may arise. Other beneficiaries might question the validity of the new will or suggest it was created under duress or undue influence. Be prepared for this possibility.

Potential Outcomes When a Later Will Is Discovered

When a newer will is presented to the court, several outcomes are possible:

The court accepts the new will as valid

If the court determines that the newly discovered will is valid and was executed after the previously probated will, it may revoke the probate of the earlier will and admit the new will to probate. This would mean the estate would be administered according to the terms of the new will.

The court questions the validity of the new will

The court might order a hearing to determine whether the newly discovered will meets all legal requirements. If there are questions about the testator’s capacity or concerns about undue influence, the court will investigate these issues before making a decision.

The court determines it’s too late to introduce the new will

If the estate has already been fully administered and the personal representative discharged, the court may rule that it’s too late to offer the new will for probate, as specified in section 733.208, Florida Statutes.

Common Complications When Later Wills Are Discovered

Several complications can arise when a new will is found:

Assets may already have been distributed

If some or all of the estate’s assets have already been distributed to beneficiaries under the earlier will, recovering these assets can be challenging, particularly if they’ve been spent or transferred.

Relationships may be strained

The discovery of a new will that changes beneficiaries or distribution amounts can create tension among family members, especially if some stand to gain while others would lose inheritance.

The validity of the will may be questioned

Questions about why the will wasn’t found earlier or why the deceased had multiple wills can lead to scrutiny about the circumstances under which the newly discovered will was created.

Preventing Multiple Will Issues

If you’re creating your own estate plan, here are some tips to help prevent this situation from affecting your loved ones:

• Keep your most current will in a secure but known location
• Inform your personal representative where your will is located
• Consider giving a copy to your attorney
• Clearly revoke all previous wills in any new will you create
• Destroy physical copies of old wills when you create new ones
• Maintain a document that lists all your important papers and their locations

Found a Later Will? Vollrath Law Can Help Protect Your Loved One’s True Wishes.

The discovery of a later will always warrants professional legal guidance. At Vollrath Law, our experienced probate attorneys can help you understand your options, properly file the necessary petitions with the court, and advocate for a fair resolution that honors the true intentions of your loved one.

If you’ve discovered a more recent will or have questions about a will that’s currently being probated, don’t wait to seek help. In these situations, timing is critical, and delays could impact your ability to have the court consider the newly discovered document.

Contact Vollrath Law today for a consultation on how to handle a newly discovered will in Florida. Our team is here to provide the guidance and support you need during this complicated time.

This blog post is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult with an attorney.