In short: In Pilak v. Reigel (5th DCA, Feb. 6, 2026), a trial court admitted photocopies of a lost will and two codicils even though the § 733.207 proof was missing. The Fifth DCA reversed. A lost will needs two disinterested witnesses to its contents, or one plus a correct copy, and old family consents could not fill the gap.
The Facts
Ronald G. Sas died in Ocala in June 2015. Only photocopies of his 2002 will and his 2005 and 2006 codicils could be found.
The beneficiaries were his longtime domestic partner, Timothy Reigel, a friend, Bruce Weaver, and his sister, who died before him. Her children are the appellants.
In 2016 a would-be personal representative signed a lost-will petition and family members signed consents and waivers. The petition was never filed.
In 2022 one of the sister’s children petitioned for intestate administration, and the family withdrew their 2016 consents. In December 2024 Reigel petitioned to establish the lost will and codicils.
At the January 2025 hearing the only witness was Weaver, who is himself named in the second codicil. He had never discussed the estate plan with Sas, did not see the documents signed, and did not know what they said.
The trial court found § 733.207 was not satisfied but admitted the will anyway, relying on the 2016 consents.
The Decision
The Fifth District Court of Appeal reversed and remanded (Case No. 5D2025-0269, decided February 6, 2026; opinion by Judge Harris).
When a will known to have existed cannot be found after death, Florida presumes the testator destroyed it intending to revoke it. The trial court skipped the presumption because no one showed Sas ever had the original. The appellate court said that did not matter: with or without the presumption, the proponent still has to meet § 733.207.
That statute requires proof of the will’s contents by two disinterested witnesses, or by one disinterested witness plus a correct copy. Weaver was an interested beneficiary and knew nothing about the contents, so the proof failed.
The 2016 consents could not substitute for that proof. They were never filed, did not waive the right to contest, were withdrawn before the 2024 petition, said nothing about the will’s contents, and were signed by interested people.
The Law
Section 733.207 governs establishing and probating a lost or destroyed will. The disinterested-witness requirement is strict, and courts apply it literally. The statute has not changed since 2001.
The presumption of revocation for a missing original comes from Florida Supreme Court cases such as In re Estate of Parker and is applied regularly by the district courts.
Lessons
- Keep the original will somewhere safe and tell the PR where it is. A photocopy is a lawsuit waiting to happen.
- A beneficiary cannot be the disinterested witness. Line up witnesses who saw the will and know its terms, and who take nothing under it.
- Family agreements need to be filed and drafted to waive the right to contest, or they may not hold up years later.
- If the will cannot meet § 733.207, the estate passes by intestacy, which may send it to very different people.
Source: Opinion, Pilak v. Reigel, No. 5D2025-0269 (Fla. 5th DCA Feb. 6, 2026)
Watch the Video
This short video walks through the Pilak reversal.
Florida Probate Appeal Reversal: Lost Will Rejected by Court
Go Deeper
- Testamentary Capacity in Florida: When Dementia Makes a Will, Deed, or POA Invalid
- A Lost Will, a Deathbed Email, and Dependent Relative Revocation (In re Estate of Bacino)
- Undue Influence Over Trust Amendments and Tortious Interference Damages (DiStefani Appeal)
Frequently Asked Questions
How do you probate a lost will in Florida?
Under § 733.207 you must prove the will’s contents with two disinterested witnesses, or one disinterested witness plus a correct copy, and usually overcome the presumption that a missing original was revoked.
Is a photocopy of a will valid in Florida?
A copy can be admitted only through the lost-will procedure in § 733.207. Pilak shows a copy alone, with no disinterested witness, is not enough.
Can a beneficiary testify to prove a lost will?
A beneficiary is an interested witness and does not count toward the disinterested-witness requirement.
What happens if a lost will cannot be proved?
The estate passes under Florida’s intestacy statutes, as if there were no will.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
