Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In Florida, probate case files are public records. You can request them from the county clerk’s probate division where the decedent’s estate was opened. Under Fla. Stat. § 28.24, the clerk of the circuit court serves as the custodian of these records. Public access to court records also derives from Fla. Stat. ch. 119 and the Florida Rules of Judicial Administration 2.420.
To streamline your request, gather the following information before contacting the clerk’s office:
- Decedent’s Full Legal Name: Include any aliases or maiden names.
- Date of Death: Exact date or approximate year.
- County of Probate Filing: Identify the county where the probate case was opened.
- Case Number: If known, this accelerates retrieval.
- Personal Representative’s Name: The individual or entity appointed to administer the estate.
- Filing Date or Year: If you lack a case number, this helps narrow the search.
- Purpose of Request: Some documents may be sealed or redacted if privacy interests exist.
Once you have this information, you can request records:
- Visit the county clerk’s website or office in person. Many counties offer an online public records portal.
- Complete the clerk’s public records request form or submit a letter with the details above.
- Pay any applicable fees. Florida clerks charge a reasonable copying fee; certified copies incur higher costs.
- Receive documents by mail, email, or pickup, depending on local options.
Key legal references:
- Fla. Stat. § 28.24 – Clerk of the circuit court duties.
- Fla. Stat. ch. 119 – Public Records Law.
- Florida Courts Public Records Requests – Court records access guidelines.
Helpful Hints
- Double-check the decedent’s name spelling to avoid delays.
- Review the county clerk’s website for online request portals.
- Ask for a current fee schedule before submitting payment.
- Specify if you need certified or plain copies.
- Inquire about redaction policies for sensitive information.
- Keep a copy of your request and payment receipt.
- Follow up with the clerk’s office if you do not receive a response within the stated timeframe.