Can't Find Your Parent's Will or Trust? 12 Places to Look in Florida

Updated October 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

When a parent passes away, one of the first challenges families face is locating important estate planning documents. A will, trust, or other legal document may have been prepared years ago, but no one knows where it was stored or which attorney prepared it.

This leaves many families wondering: What happens if you can't find your parent's will or trust in Florida?

Fortunately, missing estate planning documents do not necessarily mean they are lost forever. From financial advisors and accountants to recorded property deeds and probate court records, there are several places families can search.

At Walser Law Firm, we have more than 40 years of experience helping Florida families navigate probate and estate administration. Here are 12 places to look when you cannot locate a loved one's will, trust, or other important estate planning documents.

1. Contact Your Parent's Accountant or CPA

Your parent's accountant may be one of the best places to begin searching.

Accountants and CPAs often work closely with estate planning attorneys and may have records identifying the law firm that prepared your parent's documents.

Consider asking about:

• Copies of wills or trusts
• Estate planning correspondence
• Trust-related tax returns
• Financial statements
• Records identifying an estate planning attorney

Even if the accountant does not have the documents themselves, they may remember which attorney prepared them.

2. Contact Their Financial Advisor or Wealth Manager

Financial advisors frequently coordinate with estate planning attorneys to help clients manage their assets and plan for the future.

Your parent's advisor may have copies of important documents or correspondence identifying their attorney.

Ask whether they have:

• Copies of a will or trust
• Trust certifications
• Beneficiary designation forms
• Retirement account information
• Correspondence with an estate planning attorney

These records may help identify where the original documents were prepared or stored.

3. Check With Banks and Financial Institutions

Banks, brokerage firms, and insurance companies may have records containing useful information about your parent's estate plan.

Consider contacting their:

• Banks and credit unions
• Investment firms
• Life insurance companies
• Retirement account providers
• Annuity companies

Look for documents referencing a Revocable Living Trust, beneficiary designations, powers of attorney, or an estate planning attorney.

If your parent maintained a safe deposit box, it may also contain important estate planning documents.

However, access to a deceased person's safe deposit box in Florida may require specific documentation or legal procedures.

4. Contact Their Employer or Former Employer

A current or former employer may have information relating to retirement benefits, life insurance, or financial planning.

The Human Resources department may maintain records involving:

• Retirement plans
• Pension benefits
• Employer-sponsored life insurance
• Beneficiary designations
• Survivor benefits

Although these records may not include the actual will or trust, they may identify a financial advisor or attorney who assisted your parent.

5. Ask Their Doctor's Office or Health Care Providers

Estate planning often includes more than a will or trust.

Your parent may have prepared a Health Care Surrogate Designation, Living Will, or other advance directive.

Copies of these documents may have been provided to:

• Primary care physicians
• Hospitals
• Assisted living facilities
• Nursing homes
• Home health agencies

These records may contain the name of the attorney who prepared the documents.

Keep in mind that medical providers must follow applicable privacy and disclosure requirements, so access to records may require appropriate authorization.

6. Search Property Deeds and Real Estate Records

One of the most overlooked ways to locate a missing estate planning attorney is by reviewing recorded property deeds.

If your parent owned real estate in Florida, their property records may identify the attorney or law firm involved in preparing legal documents.

Look for:

• The attorney's or law firm's name
• The document preparer's contact information
• References to a trust
• Deeds transferring property into a trust
• The title company or closing agent

For example, if your parent transferred their home into a Revocable Living Trust, the attorney who prepared the deed may also have prepared their estate planning documents.

Florida property records can generally be searched through the appropriate county Clerk of Court or recording office.

The attorney who prepared a deed may not be the same attorney who prepared the estate plan, but the information can provide a useful lead.

7. Look for the Notary's Name on Existing Documents

Even if you cannot locate your parent's will or trust, another notarized document may help identify the law office they used.

Review documents such as:

• Property deeds
• Powers of attorney
• Health care directives
• Other notarized legal documents

Look for the notary's name, signature, commission information, and seal.

You may be able to identify the notary's professional affiliation through available public information or Florida Department of State records.

If the notary worked for a law firm, they may be able to help identify where the documents were prepared.

A notary's name does not necessarily identify the drafting attorney, but it can help narrow your search.

8. Search Their Home, Email, and Computer

Important estate planning documents are often stored in places family members may overlook.

Start by checking your parent's:

• Filing cabinets and desk drawers
• Home safe or fireproof box
• Personal document organizers
• Paper correspondence
• Address books and calendars
• Tax returns
• Bank statements
• Email accounts
• Computer files and cloud storage, where lawful access is available

When searching electronic records, try terms such as:

Will, Trust, Estate Planning, Attorney, Law Firm, Power of Attorney, and Living Will.

Bank statements and canceled checks may also reveal payments to a law firm.

Finding the name of an attorney or the approximate date documents were prepared can help you determine whom to contact next.

9. Contact Attorneys Who Previously Represented Your Parent

Your parent may have worked with different attorneys throughout their lifetime.

Even if an attorney did not prepare the missing will or trust, they may know who did.

Consider contacting attorneys who handled:

• Real estate transactions
• Divorce or family law matters
• Business formation
• Tax planning
• Civil litigation
• Previous estate planning

An attorney may have referred your parent to another law firm or maintained correspondence that identifies the estate planning attorney.

However, attorney-client confidentiality may limit what information can be released without appropriate documentation.

10. Ask Trusted Family Members and Other Organizations

Sometimes the best information comes from someone who helped your parent organize their affairs.

Consider speaking with:

• Trusted friends and relatives
• Financial professionals
• Former business partners
• Insurance agents
• Title companies
• Professional associations
• Funeral homes
• Other individuals involved in your parent's planning

Even if these individuals do not have the actual documents, they may remember the name of an attorney or know where your parent kept important records.

11. Search Florida Probate Court Records

If your parent has passed away, you may be able to locate information through the probate court.

In Florida, the custodian of an original will generally must deposit it with the appropriate Clerk of Court within 10 days after learning of the person's death.

This requirement is established under Florida Statutes § 732.901.

Contact the probate clerk in the Florida county where your parent was domiciled at death and ask whether:

• A will has been deposited
• A probate proceeding has been opened
• Estate documents have been filed
• An attorney is listed in an existing probate case

Florida does not require every person to register their will in a centralized statewide database during their lifetime.

Therefore, the absence of a will from court records does not necessarily mean one was never prepared.

12. Speak With a Florida Probate Attorney If the Documents Cannot Be Found

If you have searched thoroughly and still cannot locate your parent's will or trust, an experienced Florida probate attorney can help determine what to do next.

Depending on the circumstances, an attorney may help:

• Determine whether a will was deposited with the court
• Evaluate whether a copy of a missing will exists
• Identify a trust through financial or property records
• Determine whether probate is necessary
• Identify the appropriate heirs or beneficiaries
• Explain the available legal options

Importantly, a missing original will does not automatically mean the estate must be distributed as though no will ever existed.

Florida law has specific requirements for establishing a lost or destroyed will, and the circumstances surrounding the missing document can affect the outcome.

What Happens If You Never Find Your Parent's Will?

If a valid will cannot be located, the estate may need to be administered under Florida's intestacy laws, depending on the available evidence and circumstances.

Intestacy laws determine which relatives inherit probate property when someone dies without a legally effective will.

However, families should not immediately assume that no will exists simply because the original cannot be found.

A probate attorney can help determine whether additional searches or legal proceedings are appropriate.

Can You Probate a Copy of a Will in Florida?

Potentially, yes.

Florida law provides procedures for establishing a lost or destroyed will under certain circumstances.

However, proving a missing will can require additional evidence, and the legal requirements depend on the facts of the case.

A photocopy does not automatically have the same legal effect as an original will.

If you locate a copy but cannot find the original, consult a Florida probate attorney before assuming the estate must proceed without a will.

How Can You Prevent Your Own Estate Planning Documents From Getting Lost?

One of the best ways to protect your family is to make sure important estate planning documents can be located when needed.

Consider these steps:

• Store original documents in a secure location.
• Tell a trusted person where they are kept.
• Maintain the contact information for your estate planning attorney.
• Keep an updated inventory of important financial accounts.
• Review your estate plan periodically.
• Make sure your successor trustee or intended Personal Representative knows whom to contact.

An estate plan is only helpful if the appropriate people can locate the documents and take the necessary steps when the time comes.

Frequently Asked Questions

What if I can't find my parent's original will in Florida?

Start by contacting their estate planning attorney, accountant, financial advisor, and the appropriate probate clerk. If the original cannot be located, a probate attorney can help evaluate whether a copy or other evidence may be used.

Is there a statewide database for wills in Florida?

Florida does not maintain a centralized statewide registry where every person's will must be filed during their lifetime. Families may need to contact attorneys, search personal records, and check county probate court records.

Can a bank have a copy of my parent's trust?

Possibly. If your parent opened accounts in the name of a trust, the financial institution may have a trust certification or related documentation. Disclosure may depend on the institution's policies and applicable legal requirements.

Can I find my parent's estate planning attorney through property records?

Sometimes. Recorded deeds may identify the attorney or law firm that prepared a property transfer, particularly when real estate was transferred into a trust.

What happens if a will is lost but a copy exists?

Florida law provides procedures for establishing a lost or destroyed will. Whether a copy can be admitted depends on the circumstances and applicable evidentiary requirements.

Does a missing will mean everything goes through probate?

Not necessarily. Some assets may pass outside probate through trusts, beneficiary designations, survivorship ownership, or other arrangements. Whether probate is necessary depends on the assets and how they are owned.

Why Families Choose Walser Law Firm

Losing a parent is difficult enough without the added stress of searching for important estate planning documents.

For more than 40 years, Walser Law Firm has helped Florida families navigate probate and estate administration.

Led by Thomas C. Walser, a former CPA with a Master's Degree in Estate Planning, our firm has handled more than 4,000 probate matters, including over 1,000 Summary Administration cases.



Our probate paralegals have more than 50 years of combined experience, and we assist families with probate matters throughout all 67 Florida counties.

Whether you cannot locate a parent's will, need help identifying estate assets, or have questions about opening probate, our team can help you understand your options.

Contact Walser Law Firm today to schedule a consultation with an experienced Florida probate attorney.