How can I check if an estate has been opened and a will filed in North Carolina? - Florida
The Short Answer
In Florida, you can usually confirm whether an estate has been opened (and whether a will has been admitted and recorded) by checking the county clerk of court’s probate case records and the county’s Official Records index. If a will has been admitted to probate, Florida law requires the clerk to record and index it in the Official Records.
What Florida Law Says
Florida probate filings and key probate orders are maintained by the clerk of the circuit court. When a will is admitted to probate, the clerk is required to record the will and related probate instruments (such as the order admitting the will to probate and letters of administration) in the county’s Official Records and index them, which is what makes them searchable as public records in most situations.
The Statute
The primary law governing this issue is Fla. Stat. § 28.223.
This statute establishes that the clerk must record wills and codicils admitted to probate (and related probate orders and letters) in the Official Records and index them.
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:
- Strict Deadlines: If you are trying to protect an inheritance or challenge something, timing can matter quickly once probate is opened and notices go out, and waiting can limit options.
- Burden of Proof: Even if you locate a case number or a recorded will, proving your standing (why you’re entitled to information or relief) can require documentation and careful legal framing.
- Exceptions: Some documents may not be recorded unless directed by the court, and there can be complications when the decedent lived out of state, had property in multiple states, or used trusts and non-probate transfers.
Trying to handle this alone can lead to missed filings, incorrect assumptions about what “filed” means, or lost leverage in a developing probate dispute.
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.
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.