The Short Answer

If you’re trying to get a copy of an “estate file,” the process depends on where the probate case is actually filed. Under Florida law, probate court filings are generally maintained by the Clerk of the Circuit Court, and many probate documents are available as court records unless a judge has made part of the file confidential.

What Florida Law Says

In Florida, the clerk is the official custodian of probate court records, and the clerk is required to record and maintain key probate documents (like wills admitted to probate, orders, and letters of administration). In practice, that means copies of many core probate filings can be requested from the clerk in the county where the estate was opened, subject to any confidentiality restrictions.

The Statute

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

This statute establishes that the clerk of the circuit court must record and keep custody of specified probate records (including wills admitted to probate, letters of administration, and certain probate orders), and those records remain in the clerk’s custody as circuit court records.

If your underlying goal is to obtain a certified copy (often needed for banks, title companies, or out-of-state proceedings), fees and copy options may apply. For more context, you may also find helpful: How to confirm whether a probate estate is open and get probate filings in Florida.

Why You Should Speak with an Attorney

Even when probate filings are generally accessible, getting the right documents (and in the right form) can be trickier than it sounds—especially when you’re dealing with multiple states (your question references North Carolina, but your intake indicates Florida). Legal outcomes often depend on:

• Strict Deadlines: If you need the file for a pending probate dispute, creditor issue, or related court matter, delays in obtaining certified copies can affect timing and strategy.
• Burden of Proof: If you’re using the estate file to prove authority (personal representative status) or beneficiary rights, you may need specific documents (e.g., letters of administration, orders determining beneficiaries) rather than the entire docket.
• Exceptions: Some information can be restricted or treated as confidential by law or court order, and access may require additional legal steps and a clear basis for disclosure.

Trying to handle this alone can lead to requesting the wrong records, getting non-certified copies when certified copies are required, or running into access issues that need a lawyer’s intervention.

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—especially if your situation involves an estate file in another state and you need to use it for a Florida matter.

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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.