How Do Beneficiaries Access Probate Records in Florida When a Personal Representative Withholds Information? | Florida Probate | FastCounsel
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How Do Beneficiaries Access Probate Records in Florida When a Personal Representative Withholds Information?

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.

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

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.