Disclaimer: This article is for informational purposes only. It does not constitute legal advice.
Detailed Answer
To determine if a probate estate has been opened for a decedent in Florida, follow these steps:
- Identify the county of domicile: In Florida, probate matters are handled in the county where the decedent lived at the time of death.
- Search online court records: Most Florida counties provide public access to probate dockets on their Clerk of Court websites. Search by the decedent’s full name and an approximate date of death.
- Use the Florida Courts E-Filing Portal: The MyFloridaCourtAccess system allows you to look up case numbers, filing dates, and basic case documents.
- Visit or call the Clerk’s office: If you cannot find records online, contact the Clerk of Court in person, by phone, or by email. Provide the decedent’s name and date of death for a manual search.
- Check for Notices of Administration: After filing a petition for administration, Florida law requires publication of a Notice of Administration in a local newspaper. See Fla. Stat. §733.212. Proof of publication is filed with the Clerk and becomes part of the public record.
Under Fla. Stat. §733.101, a probate proceeding officially begins when a petition for administration is filed with the Clerk of Court.
Helpful Hints
- Confirm the spelling of names and include middle initials to narrow search results.
- Use a birthdate or date-of-death range if the decedent’s name is common.
- Verify the correct county by reviewing the decedent’s last known address or death certificate.
- Request certified case summaries or docket printouts for official proof of administration.
- For complex searches or large estates, consider hiring a probate paralegal or attorney to assist you.