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Statutory Requirement: Depositing Wills with the Clerk of Court
Yulee, FL – November 4, 2010 - Florida law requires the custodian of a will to deposit the will with the Clerk of Court in the county where the decedent resided within ten (10) days after receiving information of the death of the maker of the will. The custodian must provide the decedent’s date of death or social security number to the Clerk of Court when depositing the will. There is no fee to deposit the will with the Clerk’s Office. A person wishing to deposit a will with the Nassau County Clerk of Court should bring the original will to the Civil Department at the Nassau County Judicial Annex, 76347 Veterans Way, Yulee, Florida or to the Nassau County Historic Courthouse, 416 Centre Street, Fernandina Beach, Florida. Failure to deposit a will within the prescribed timeframe may result in the custodian being compelled to produce and deposit the will. The statute provides that all costs, damages, and a reasonable attorney’s fee will be charged against a delinquent custodian on a petitioner’s behalf if the court finds that the custodian had no just or reasonable cause for failing to deposit the will. Fla. Stat. § 732.901 (2010).
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