How can I access probate records if I’m a beneficiary and an estate representative is withholding information? - Florida
The Short Answer
In Florida, most probate case filings are available through the clerk of court, and beneficiaries (as “interested persons”) can also request access to certain otherwise-confidential filings like the estate inventory and accountings. If the personal representative is withholding information, Florida law provides ways to compel disclosure and hold the representative accountable for breaches of fiduciary duty.
What Florida Law Says
Florida probate is a court-supervised process, which means there is typically a court file containing pleadings, orders, and other documents. At the same time, Florida law treats some probate documents (especially inventories and accountings) as confidential from the general public—while still allowing disclosure to the people who have a legitimate stake in the estate.
The Statute
The primary law governing access to estate inventories and accountings is Fla. Stat. § 733.604.
This statute establishes that probate inventories and accountings filed with the clerk are confidential from public-records requests, but they must be disclosed for inspection or copying to the personal representative, the personal representative’s attorney, and an “interested person” (and may also be disclosed by court order for good cause). It also requires the personal representative, upon written request, to provide certain beneficiaries with explanations/appraisals supporting inventory values.
Separately, Florida law makes clear that a personal representative is a fiduciary who must act in the best interests of interested persons and administer the estate properly. See Fla. Stat. § 733.602. If the representative’s conduct crosses the line into a breach of fiduciary duty, the probate court can address it, and fee-shifting may be available in certain breach-of-duty proceedings. See Fla. Stat. § 733.609.
If your situation involves a trust (common in Florida estate plans), different rules may apply. For example, trustees have statutory duties to keep qualified beneficiaries informed and to provide accountings in many situations. See Fla. Stat. § 736.0813.
Related reading: What are a personal representative’s responsibilities during probate in Florida? and What is the final accounting in the Florida probate process?.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Probate timelines can move quickly once notices and accountings are served, and objections often must be raised within specific windows or you can lose leverage.
- Burden of Proof: If you need court intervention, you may have to show you are an “interested person,” identify what information is being withheld, and explain why the withholding is improper under the probate code and court rules.
- Exceptions and Confidentiality: Some documents are confidential to the public but still accessible to beneficiaries; other information may be legitimately restricted (or require a court order). Mistakes in how requests are framed can delay access or trigger unnecessary litigation.
When a personal representative is uncooperative, an attorney can quickly determine what you are entitled to receive, obtain records through the clerk/court process where appropriate, and pursue court relief if the representative is breaching fiduciary duties—without you inadvertently harming your inheritance position.
If you are currently receiving distributions, also consider reading: Should I cash an inheritance check before reviewing the probate accounting in Florida?
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.