The Short Answer

If you need a North Carolina probate record, you generally must request it from the North Carolina county clerk (estate division) where the estate was filed—not from Florida courts. That said, Florida law is relevant if you are trying to use a probate document in Florida (for example, to deal with Florida property or a Florida probate case), because Florida has specific rules about what probate materials are recorded and how they may be accessed.

What Florida Law Says

In Florida, probate matters are handled in the circuit court, and the clerk maintains the probate court file. Some probate documents (like wills admitted to probate, letters of administration, and certain orders) are required to be recorded in the county’s Official Records, while many other filings are not recorded unless the judge directs it. This distinction matters because it affects where you may be able to find the document (the probate case file vs. the county’s Official Records index) and what format is available online.

The Statute

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

This statute establishes that the clerk must record certain key probate documents (including wills admitted to probate and letters of administration) in the county’s Official Records, while other probate papers generally are not recorded unless the court orders them recorded.

Also, Florida limits broad public internet display of images of probate court files in many situations, which is one reason you may need to request copies directly from the clerk rather than expecting the entire probate file to be downloadable online. See Fla. Stat. § 28.2221(5)(a).

Why You Should Speak with an Attorney

Even when a probate record is “public,” getting the right document (and getting it in a form a bank, title company, or Florida court will accept) can be tricky—especially when you’re dealing with an out-of-state estate and Florida assets.

• Strict Deadlines: If you’re seeking the record because you need to act in Florida (for example, to open an ancillary probate or address Florida property), timing can matter—waiting for “paperwork” can delay urgent estate steps and create avoidable disputes.
• Burden of Proof: Many third parties won’t accept an informal printout. They may require a certified copy or specific letters/orders, and the wrong request can lead to rejection and more delay.
• Exceptions: Some information in court files can be restricted or treated as confidential depending on what’s in the record and the applicable court rules—so access is not always as simple as “anyone can see everything.”

If your goal is to use a North Carolina probate record to handle Florida property, transfer title, or start/defend a Florida probate proceeding, a Florida probate attorney can coordinate what to request from North Carolina and how to use it properly in Florida.

If you want more background on locating Florida probate filings, you may also find this helpful: How Do I Confirm Whether a Probate Estate Is Open and Get Probate Filings in Florida?.

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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.