under FL estate planning laws, does a Will have to be notarized by the court, can a Will be filed after creator died

Florida law states that the custodian of an original will must deposit it with the clerk of court having venue (authority to oversee the case) within 10 days of receiving information that the testator (maker of the will) is dead. It says nothing about whether a probate had already been opened as intestate. With that information the question should not be whether one can file a will, but how soon and where do they need to file it. When the will in question is a copy, Florida law is not so clear however, it requires that certain procedures are followed in order to prove that the copy of the will is one that the decedent wanted and that the decedent did not intend to destroy the original. Original Wills are critical documents that should be kept in a secure location, one that can be accessed by those who will step in after a person passes away.

It is absolutely possible to submit a Will after an estate has been filed as intestate. If the Will contains different provisions (plan of distribution, beneficiaries, nominated Personal Representative, etc.) it can lead to revocation of the Letters of Administration and a battle over control of the estate.

If the Will is only a photographic copy of the original, additional steps will be required to have it admitted to probate. The burden will also rest with you to prove the document was not subsequently revoked.

I am a Florida-licensed attorney. Florida, like other states, has specific requirements for the execution of wills. It does not require notarization by a court but it is a very frequent and good practice to have a Florida notary present when a will or trust is signed in the presence of witnesses. You may file the will with the court in the proceeding that was opened previously but you will have to be able to prove the will was that of the decedent. It may be contested and there may be timing issues.

Thanks for question. A will can be filed after an intestate estate has been opened. There are timing issues involved and many procedures involved. The "Last Will" is the "Last Will". If the will was witnessed properly and not obtained by duress or undue influence-it should be accepted unless other timing issues have not been met.
The court does not accept a photographic copy and if original has been lost-a special procedure to determine if that was the last will would have to be petitioned to the court.