What Happens When Someone Hides or Destroys a Will?

Wed Dec 24, 2025 | Wills | Share

The thought that someone may have hidden or destroyed a deceased loved one’s will can turn an already difficult situation into one that is overwhelming, confusing, and deeply troublesome. Still, it’s far more common than most people realize. 

When family members panic, act out of fear, or intentionally try to play the system, it is important to understand the role that the law can play. In Florida, hiding or destroying a will may result in significant legal and financial consequences.

If you believe that a will has been hidden or destroyed, it is important to understand what the law says, what your rights are, and how an experienced estate litigation attorney can help ensure that the decedent’s true wishes are carried out.

Is Hiding or Destroying a Will Illegal? 

The short answer is yes. In Florida, the intentional hiding, destruction, or tampering with a will is both a civil and a criminal matter.

Florida law requires any person in possession of a will to deliver that will to the court after death. Will concealment and destruction exposes that person to court sanctions, financial liability, loss of inheritance rights, and the potential for criminal charges as well.

The reasoning is simple: A will represents the decedent’s voice. By hiding or destroying that individual’s will, his or her voice is intentionally silenced.

Why Would Someone Hide or Destroy a Will?

The simple answer is that they do not want the will to be honored as written. After all, a missing will is almost always better for those who stood to inherit less or nothing.

Common reasons for intentionally hiding or destroying a will include a person’s:

• Disagreement with the estate plan 
• Fear of being disinherited or receiving less than expected
• Longstanding family conflict 
• Financial desperation 
• Desire to force intestate succession 

The goal in each case is to allow property to transfer by intestate succession (which is the same as if there was no valid will) rather than according to the decedent’s expressed intent.

What Happens if The Will is Not Found?

When a will is not found and not submitted to probate, the estate will initially be handled as if there were no valid will.

That does not mean that the matter is ended. If someone suspects that a will should exist (or existed), the court can:

• Order a halt to the probate process 
• Order testimony from people who may have seen the will
• Order the production of documents 
• Investigate other suspicious activity surrounding the estate 

Note: When a previously unknown heir or beneficiary receives an intestate share that is larger than they would have received if the will were enforced, a judge may take a missing will very seriously.

Can a Destroyed Will Still Be Used? 

In some cases, yes. 

Florida courts can admit a lost or destroyed will to probate if certain circumstances are met. The process for doing so usually requires proof that:

• The will was properly executed 
• The content of the will can be determined (often by a copy of the will or through witness testimony)
• The will was not intentionally destroyed by the testator (i.e., the person who made the will)

The process is not easy, but it is designed to prevent wrongdoing from going unpunished.

Who May Be Held Liable for Hiding or Destroying a Will?

This is one of the issues that an experienced estate litigation attorney can help you figure out. But in general, the person who hides or destroys a will may be removed as personal representative and may be ordered to pay damages to the beneficiaries of the will. In some cases, the court may also disinherit them.

The court may also find that person in contempt of court and, in extreme cases, may refer the matter for criminal prosecution. After all, will tampering of this kind directly interferes with the probate process.

What if the Person Claims the Will Was Revoked?

Claiming that the will was intentionally revoked is one of the more common defenses. Florida law does presume that a will that cannot be found was intended to be revoked. But the evidence may be able to overcome that presumption, including proof that:

• The testator continued to reference the will after it was supposed to have been destroyed
• Copies of the will exist 
• The testator never had the opportunity or intent to destroy the will
• Someone else had the motive and opportunity to hide or destroy the will

In many of these cases, estate litigation is really a battle of the evidence and each side’s credibility.

What Should You Do if You Suspect a Will Was Hidden or Destroyed?

Trust your gut. If something doesn’t feel right to you, that is usually a good indication that something just isn’t adding up. But don’t let the information you have or don’t have rush you into a confrontation.

Here are a few steps to take if you believe a will was destroyed or hidden:

• Document the statements that the decedent made regarding his or her will
• Find out who had access to the will
• Preserve texts, emails, or letters that reference the estate plan
• Avoid confrontation until you have a complete understanding of the situation
• Speak with an estate litigation attorney as soon as possible

The sooner you share the information you have, the easier it is to preserve key evidence.

How Courts Will Uncover the Truth 

Judges in Florida probate courts have the authority to:

• Order depositions 
• Subpoena various records 
• Review prior drafts of estate plans 
• Assess witness credibility 
• Impose sanctions for other kinds of dishonest behavior

Probate cases are rarely simple, but Florida judges have the authority to uncover the truth if the facts are properly presented.

Why Legal Guidance Matters in These Cases 

Cases regarding the hiding or destruction of wills are emotionally charged. In many cases, these cases pit siblings against siblings, spouses against in-laws, or longtime family friends against newer relationships.

If such cases are litigated without legal counsel, the result can often be years of litigation with no resolution or, worse, an unjust outcome that is nearly impossible to remedy.

The right Florida estate litigation attorney can:

• Determine whether a case for legal action is justified
• Work to get a court involved early 
• Protect your rights as a beneficiary or heir
• Work to ensure that the true intention of the decedent is followed
• Prevent further misconduct from occurring during probate 

Our team approaches these cases with professionalism and delicacy. We are not interested in needlessly inflaming family conflict; however, we are determined to ensure that the law is complied with and the decedent’s wishes are honored.

Work With a Qualified Estate Planning Attorney Today

Hiding or destroying a will is not a victimless crime. The results can change lives, divide families, and betray the trust of a loved one.  If you believe that someone may have hidden or destroyed a will, now is the time to take action. Getting some answers now can protect your rights and help ensure that your loved one’s voice is not silenced. Contact our office today.