The Short Answer

In Florida, you can usually confirm whether a probate estate is open (and view many filings) through the Clerk of the Circuit Court in the county where the case was filed. However, what you can see online versus what requires a formal records request (and what may be confidential) depends on the county’s clerk system and the specific documents involved.

What Florida Law Says

Florida probate matters are filed and maintained with the Clerk of the Circuit Court. Many key probate documents are required to be recorded and indexed in the county’s Official Records, which is often the fastest way to confirm whether a probate case exists and whether the court has issued authority to a personal representative.

The Statute

The primary law governing this issue is Fla. Stat. § 28.223.

This statute requires the clerk to record core probate documents (including wills admitted to probate, letters of administration, and final orders) and to index them in the county’s Official Records—making them easier to locate than every filing in the court file.

Also, Florida law sets clerk service charges and filing fees in probate matters, and it specifically notes that certain probate petitions and closing documents must be recorded. See Fla. Stat. § 28.2401.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Which county has venue: Probate is generally filed where the decedent was domiciled (or where Florida property is located). Filing in the wrong county can delay everything. See Fla. Stat. § 733.101.
• What you actually need: Confirming “an estate is open” may require checking for letters of administration, orders admitting a will, or other recorded orders—different documents answer different questions.
• Access limits and document status: Some items are recorded and easy to find; others may not be recorded unless the judge directs it, and some information may be restricted depending on the document type and circumstances.

If you need probate filings for a time-sensitive issue (property sale, creditor claim, inheritance dispute, or to confirm who has authority), an attorney can quickly identify the correct county, locate the controlling documents, and request the right records in the right form (including certified copies when needed).

For more background, you may also find helpful: How Do I Find Out If an Estate Has Been Opened and a Will Filed 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.