Florida probate court records are legal files created when someone dies and leaves behind property, debts, or other assets that need a court to handle. These records are kept by the Circuit Court in the county where the person lived at the time of death.
Anyone can look at most probate court records because Florida law makes them open to the public. This page explains what these records contain, where to find them, how to request copies, and how they connect to death certificates and other vital records in Florida.
What Florida Probate Court Records Contain
Florida probate court records hold every paper filed in a probate case. They show who asked to handle the estate, what the court decided, and how the property was passed on to family or other heirs. These records are part of the public court system and serve as the official record of how a deceased person’s affairs were settled under Florida law.
Core Documents in a Probate File
A probate file in Florida usually includes the will, if one exists, along with a petition to open the estate. It also includes the order appointing a personal representative, the letters of administration, and a final distribution plan. Court orders, creditor claims, and receipts for payment are all part of the file. The clerk of court stores all of these papers in the official case record for the estate.
- The last will and testament of the deceased
- Petition for administration or summary administration
- Death certificate filed with the court
- Order appointing the personal representative
- Inventory of estate assets
- Notices sent to creditors and beneficiaries
- Final accounting and discharge order
Death Certificate Role in Probate
A Florida death certificate is one of the first papers filed in a probate case. The court needs proof that the person has died before it can give anyone the power to handle the estate. Most clerks require a certified copy of the death certificate when the probate case is opened. This makes the death certificate a key entry point for anyone searching probate court records.
Confidential vs. Public Probate Documents
Florida law divides probate records into two groups. Most case files, court orders, and petitions are public and open to view. Inventories and accountings that list financial details are kept private. Only the personal representative, their attorney, or a person named in the law as an interested party can see these private financial papers. The Clerk of Court will check your identity before letting you view restricted files.
Where to Find Florida Probate Court Records
Florida probate court records are stored at the county level. Each of the 67 Florida counties has a Clerk of Court office that files and maintains probate records. The main statewide group that connects all county clerks is the Florida Court Clerks and Comptrollers. This group offers tools and links to help you find the right clerk for any Florida county.
County Clerk of Court Offices
The Clerk of Court in each county is the official keeper of probate records. You can visit the clerk’s office in person, send a mail request, or use the clerk’s online portal when one is available. Some large counties like Miami-Dade, Orange, and Hillsborough have full online search systems. Smaller counties may require a visit or a written request to see probate files.
Florida Court Clerks and Comptrollers
The Florida Court Clerks and Comptrollers is the statewide group that supports all 67 county clerks. Their website offers a search tool called Find a Clerk that lists every clerk’s office in Florida. Each listing includes the address, phone number, and website for the office. This tool is a good starting point when you need probate records from a specific county.
Florida Department of State Resources
The Florida Department of State also keeps a list of all county clerks with their contact details. This state-level list is helpful when you want to confirm the correct office for a specific Florida county. The department’s library and archives section maintains this list as a public service for people searching Florida probate court records.
Online Court Portals by County
Many Florida counties now offer online portals where you can search probate cases by name or case number. Orange County, for example, runs a public case search through clerk.org that covers probate, family, civil, and criminal cases. Miami-Dade County has a dedicated Probate and Guardianship Registry through the 11th Judicial Circuit. Always check your county’s clerk website to see what online tools are available before visiting in person.
How to Search Florida Probate Records Online
Online search tools for Florida probate records vary widely by county. Some counties have full search portals, while others offer only basic case lookups. The Florida Courts website is the main statewide entry point and links to each judicial circuit and its clerk resources. Knowing how to use these tools saves time when looking for a specific probate case.
Using the Florida Courts Website
The Florida Courts website at flcourts.gov serves as the central hub for court records in the state. It provides links to each judicial circuit and to the county clerks. From this site, you can find rules, forms, and self-help resources. The site also links to the Appellate Case Information System for higher court cases.
Appellate Case Information System
The Appellate Case Information System, also called ACIS, lets you search for cases that went to the appeals level. Most probate cases never reach this level because they are settled at the county Circuit Court. But if a probate decision was appealed, you can find it through ACIS. The system is free to use and open to the public.
County-Level Online Search Tools
For probate cases that stayed at the county level, you need to search the county clerk’s online system. Each county builds its own system, so the search fields and results may look different. Most let you search by the name of the deceased, the case number, or the year the case was filed. The Florida Court Clerks and Comptrollers website explains the rules for what clerks can and cannot post online.
Requesting Copies by Mail or In Person
Florida law limits what clerks can show online. Copies of probate files usually require a request by mail, email, or in person. The clerk’s office will tell you the fee for copies and the turnaround time. For older records, the files may be stored off-site and take longer to retrieve. Always call ahead so the clerk can have the file ready when you arrive or know when to mail it.
Florida Death Certificates and Probate Filings
Florida death certificates are vital records that prove a person has died. The Florida Department of Health keeps these records through its Bureau of Vital Statistics. When a probate case is opened, the court usually requires a certified copy of the death certificate as part of the official file. This makes death certificates a key part of Florida probate court records.
Florida Department of Health Death Records
The Florida Department of Health runs the state’s vital records system. The Office of Vital Statistics issues certified copies of Florida death certificates. You can order copies by mail, online, or in person at the state office in Jacksonville. The office also works with county health departments to provide local services for death certificate requests.
Bureau of Vital Statistics Florida
The Bureau of Vital Statistics is the state office that keeps official Florida death records. It holds records of deaths that happened in Florida from 1877 to the present. For deaths before 1977, the records may be limited or only available through the state archive. For deaths from 1977 forward, the bureau keeps full certified copies that you can order for legal use.
Florida Death Certificate Application Process
To order a Florida death certificate, you must fill out an application form and show proof of your identity. The form asks for the full name of the deceased, the date and place of death, and your relationship to the person. You also need to list a reason for the request, such as settling an estate or claiming insurance. The state accepts mail-in applications, online orders, and walk-in requests at the Jacksonville office.
Florida Death Certificate Fee Structure
The fee for a certified copy of a Florida death certificate is set by state law. As of the current rate, each certified copy costs a set amount, and additional copies on the same order cost less. Rush and same-day services are available for an extra fee. Florida residents and non-residents pay the same fee. Death certificates ordered through county health departments may carry an extra local service charge.
| Service Type | Fee Range | Processing Time |
|---|---|---|
| Standard Certified Copy | $5 to $15 per copy | 5 to 10 business days |
| Rush Processing | Extra $10 to $20 | 2 to 3 business days |
| Same-Day Service | Premium rate, varies by location | Same business day |
| Online Order Fee | Added convenience charge applies | Depends on shipping method |
Types of Probate Cases in Florida
Florida recognizes four main types of probate proceedings. Each type creates a different kind of court record and is used in a specific situation. The type of probate case decides what papers are filed, how long the case stays open, and what court records result. Knowing the type of case helps you know what to look for when searching Florida probate court records.
Formal Administration
Formal administration is the full probate process. It applies when the estate is worth more than $75,000 or when a personal representative is needed to manage property. An attorney usually represents the personal representative. The process includes filing a petition, getting court orders, notifying creditors, and filing an inventory. Formal cases can stay open for over a year, and taxable estates may stay open until the IRS finishes its review.
Summary Administration
Summary administration is a faster and simpler option. It applies when the estate is worth $75,000 or less, not counting exempt property like a homestead. It also applies when the person died more than two years ago. No personal representative is appointed. The heirs sign a petition, the judge signs an order, and the estate is closed. Summary cases produce fewer court records than formal cases.
Disposition Without Administration
This option lets someone who paid for the funeral or final medical bills get money back from the estate. The total paid back cannot be more than the funeral cost or $6,000, whichever is less. The person who died cannot have owned real property. The petition must be filed in the county where the person lived and within two years of death. This option produces a single court order, not a full case file.
Ancillary Administration
Ancillary administration handles estates of people who lived in another state but owned property in Florida. The case is filed in the Florida county where the property sits. It works alongside the main probate case in the other state. Ancillary administration can be formal or summary, depending on the value of the Florida property. It creates its own set of Florida probate court records for the out-of-state property.
Florida Vital Records and Death Index
Florida vital records cover births, deaths, marriages, and divorces. Death records make up a large part of this system and connect directly to probate court records. The state keeps a death index that helps people search for specific records by name, year, and county. This index is one of the most-used tools for finding Florida death certificate copies and starting probate searches.
Florida Statewide Death Index
The Florida statewide death index is a search tool that lists deaths reported across the state. It covers deaths from 1877 to the present, though records for early years are less complete. You can search the index by name, year, and county. The index tells you whether the state has a full death certificate on file and where to order a copy. This makes it a key resource for genealogy and legal searches.
Florida Pre-1977 Death Records
Death records before 1977 in Florida are often less detailed than later records. The state started keeping fuller records after the vital statistics system was updated. For pre-1977 records, you may need to check the Florida State Archives or the county where the death took place. Many early records are now available through FamilySearch and other genealogy databases that have scanned the older files.
FamilySearch Florida Death Records
FamilySearch is a free genealogy website run by The Church of Jesus Christ of Latter-day Saints. It hosts scanned images of Florida death records for many years. You can search by name and view scanned certificates online. This is a great free tool for finding older Florida death records for genealogy or family history. For legal use, you still need a certified copy from the state.
Florida Death Records by County
Each Florida county keeps its own death records for deaths that happened there. The county health department or clerk of court can help you find these local records. County records are useful when you know the death took place in that county but cannot find the record in the statewide index. The Florida Department of Health lists all county vital records offices on its website.
Florida Probate Statutes and Rules
Florida’s probate laws are set by the Florida Legislature. They are written in the Florida Statutes, which cover wills, estate administration, small estates, and guardianship. The Florida Bar also writes the Florida Probate Rules, which set the court procedures for probate cases. Knowing these laws and rules helps you understand what should be in Florida probate court records.
Florida Statutes Chapter 731
Chapter 731 of the Florida Statutes contains general rules for the probate code. It defines key terms like estate, personal representative, and interested party. It also sets the rules for where to file a probate case. Section 731.301 covers the notice rules for probate hearings. The Florida Legislature’s website has the full text of this chapter for free public reading.
Florida Statutes Chapter 732
Chapter 732 covers wills and what happens when someone dies without a will. Section 732.501 says any Florida resident who is 18 or older and of sound mind can make a will. Section 732.502 requires a will to be signed by the person making it and witnessed by two others. Section 732.901 says anyone who has a person’s will must file it with the county clerk within 10 days of learning about the death.
Florida Statutes Chapter 733
Chapter 733 covers the full administration of estates. Section 733.101 says the right county to file is the one where the person lived at the time of death. Section 733.212 covers the notice of administration that must be sent to beneficiaries. Section 733.2121 covers the notice to creditors. These rules affect what papers must be filed and become part of Florida probate court records.
Florida Probate Rules
The Florida Bar writes the Florida Probate Rules, which set how probate cases move through the court. Rule 5.200 covers petitions for formal administration. Rule 5.530 covers summary administration petitions. Rule 5.550 covers incapacity petitions. These rules are part of the Florida Rules of Court and apply to every probate case in the state.
Guardianship Records in Florida Courts
Guardianship cases are filed in the same Florida Circuit Courts that handle probate. A guardian is a person the court appoints to make decisions for someone who cannot make them on their own. These cases are common when parents die and leave behind minor children, or when an adult can no longer manage their own affairs. Guardianship records are also open to the public in most cases.
Types of Guardianship
Florida recognizes four types of guardianship. Voluntary guardianship is for adults who are mentally sound but need help with their estate. Involuntary guardianship is for adults the court has found to lack capacity. Limited guardianship gives the ward control over some decisions. Plenary guardianship gives the guardian full control over all legal rights. Courts only appoint a guardian when no other option works.
Guardianship Filing Process
To open a guardianship case, a petition is filed with the Circuit Court. The court then appoints an attorney to represent the person who may need a guardian. A committee of medical experts reviews the case. The judge then decides whether a guardian is needed and which type to appoint. All of these steps create guardianship records that become part of Florida probate court records.
Fees, Forms, and Request Procedures
Ordering Florida probate court records and death certificates involves specific forms and fees. The state sets the basic fees, but counties may add their own service charges. Knowing the right forms and fees ahead of time helps you avoid delays. This section covers the main costs, forms, and procedures for getting the records you need.
Florida Death Certificate Replacement Costs
Replacing a lost Florida death certificate costs the same as a first copy. The fee covers the search, the certificate itself, and the state processing. You can order multiple copies at a lower per-copy rate after the first one. Some online vendors charge more for the same service. Ordering directly from the Florida Department of Health or a county health department is usually the cheapest option.
Florida Death Certificate Request Form
The Florida death certificate request form is a one-page document from the Department of Health. It asks for the deceased’s full name, date of birth, date of death, and place of death. It also asks for your name, address, and relationship to the deceased. You must sign the form and show a valid photo ID. The form is available on the Department of Health website and at county health departments.
Same-Day Death Certificate Services
Same-day death certificate service is available at the Jacksonville state office and at some county health departments. This service costs more than standard processing. You must appear in person with a valid photo ID. Same-day service is helpful when you need the certificate right away for a probate filing or to claim property. Call the office ahead of time to confirm same-day service is open that day.
Authorized Copy Requirements
Florida only issues authorized copies of death certificates to people who have a legal right to the record. This includes family members, attorneys, courts, and government agencies. Each person requesting an authorized copy must show their relationship to the deceased and a valid photo ID. The authorized copy has a raised seal and is accepted for legal use in Florida probate court records and other legal matters.
Special Services and Records Access
Florida offers special services for people who need extra proof or copies of death records. These include apostille services for use in other countries, record verification for legal cases, and obituary search tools. Each service has its own form, fee, and processing time. This section covers the most common special services linked to Florida probate court records.
Florida Death Certificate Apostille
An apostille is a certificate that proves a document is real for use in another country. The Florida Department of State issues apostilles for Florida death certificates. You must send the original or certified copy of the death certificate, the apostille request form, and the fee. The processing time is usually a few business days. Apostilles are often needed for probate cases that involve property in another country.
Florida Death Records Verification
Death record verification is a service that confirms whether Florida has a death certificate on file for a specific person. The Florida Department of Health provides this service for legal cases, government agencies, and private citizens. The verification states the name, date of death, and certificate number if a record exists. This is useful when you need to prove a death for a probate case but cannot find the original certificate.
Florida Obituary Search Resources
Florida obituary records can be searched through newspaper archives, genealogy websites, and funeral home websites. Many old Florida newspapers have been scanned and put online. Legacy.com and similar sites also host recent obituaries. Obituaries often list family members, dates, and other facts that help you find the right death certificate and probate court records in Florida.
Florida Probate Records and Genealogy Research
Florida probate court records are a gold mine for people researching family history. They list family members, property, debts, and other facts that can break through brick walls in genealogy research. Older records, especially those from before 1950, are often only available through the original court files. This section covers how to use Florida probate records for family history research.
Historical Death Records Access
Historical Florida death records are stored at the State Archives in Tallahassee and through the Bureau of Vital Statistics. Many older records have been scanned and posted on genealogy sites like FamilySearch. You can also visit the State Archives in person to view original records. The archives staff can help you find the right file for a specific person and time period.
Florida Death Records Archive
The Florida death records archive is the full collection of every death certificate the state has ever kept. It includes records from 1877 to the present. The archive is maintained by the Bureau of Vital Statistics and the State Library and Archives. For records that are not online, you can order copies through the mail or visit the archives in person during open hours.
Florida Death Index 1900-1959
The Florida death index for the years 1900 to 1959 is available on FamilySearch and other genealogy databases. It lists the name of the deceased, the year of death, the county of death, and the certificate number. You can use the certificate number to order a copy of the full death record. This index is one of the most used tools for Florida genealogy research.
Contact Information for Florida Probate and Vital Records
People searching for Florida probate court records often need to contact the right state office. The main offices are the Florida Department of Health Office of Vital Statistics in Jacksonville and the Florida Court Clerks and Comptrollers in Tallahassee. The Office of Vital Statistics handles death certificate orders, while the clerks handle probate court records at the county level. The State Archives in Tallahassee stores older records for both probate and vital records. Below is the key contact data for these offices.
Florida Office of Vital Statistics
Address: 1217 Pearl Street, Jacksonville, FL 32202
Phone: (904) 359-6900
Website: floridahealth.gov
Hours: Monday through Friday, 8:00 AM to 5:00 PM
Florida Court Clerks and Comptrollers
Address: 3544 Maclay Boulevard, Tallahassee, FL 32312
Phone: (850) 921-0808
Website: flclerks.com
Hours: Monday through Friday, 8:30 AM to 5:00 PM
Florida State Archives
Address: 500 South Bronough Street, Tallahassee, FL 32399
Phone: (850) 245-6719
Website: dos.fl.gov/library-archives
Hours: Monday through Friday, 9:00 AM to 4:30 PM
Frequently Asked Questions About Florida Probate Court Records
Many people have similar questions about Florida probate court records. The questions below cover the most common topics: how to look up records, what they cost, how to fix mistakes, and how long cases stay open. Each answer gives direct, useful facts based on current Florida law and practice. The answers are written to help you take action right away.
How Do I Look Up a Florida Probate Case for Free?
You can look up a Florida probate case for free by visiting the clerk of court website for the county where the person died. Most counties let you search by name and year at no cost. The Florida Court Clerks and Comptrollers website links to every county clerk in the state. You can also visit the clerk’s office in person and use their public computers to search the records. The case number, if you have it, gives you the fastest lookup. Basic case data like the name of the deceased, the personal representative, and the case status is free to view. For full copies of documents, you must pay the clerk’s copy fee.
Can I Get a Florida Death Certificate the Same Day I Order It?
Yes, you can get a Florida death certificate the same day you order it in many cases. The Office of Vital Statistics in Jacksonville offers same-day service for walk-in customers with valid photo ID. Some county health departments also offer same-day service for an extra fee. Online orders and mail orders cannot be processed the same day because of shipping time. The same-day fee is higher than the standard fee. Always call ahead to confirm the office is open and can handle your order that day.
What Is the Difference Between an Authorized Copy and an Informational Copy?
An authorized copy of a Florida death certificate has a raised seal and is accepted for legal use. It can be filed in probate court, used to claim property, or shown to banks and insurance companies. An informational copy is cheaper but cannot be used for legal purposes. Florida law limits who can get an authorized copy. Family members, attorneys, courts, and government agencies qualify. People who do not qualify can only get the cheaper informational copy.
How Long Does a Probate Case Stay Open in Florida?
A formal probate case in Florida can stay open for over a year. The time depends on the size of the estate, whether there are creditor claims, and whether the estate owes federal taxes. Taxable estates cannot close until the IRS finishes reviewing the estate tax return, which often takes longer than the two-year deadline set by Florida law. Summary administration cases close much faster, often within a few months. Disposition without administration closes with a single court order.
Can I View Old Florida Probate Records From the Early 1900s?
Yes, you can view old Florida probate records from the early 1900s. Many of these records have been scanned and posted on FamilySearch and other genealogy websites. You can also visit the Florida State Archives in Tallahassee to view the original files. The State Archives holds the oldest probate court records for many Florida counties. Call the archives ahead of time to confirm the records you need are available and the viewing room is open.
Are Florida Probate Court Records Public?
Most Florida probate court records are public, but some are confidential. The case file, court orders, and petitions are open to anyone who asks. Inventories and accountings that list financial details are kept private and only shown to the personal representative, their attorney, or an interested party. The clerk checks your ID before letting you view restricted files. Some probate files, like those involving minors, may also have parts sealed by court order.
What Forms Do I Need to Order a Florida Death Certificate?
You need the Florida death certificate application form, a valid photo ID, and payment for the fee. The form is on the Department of Health website and at county health departments. You must also list your relationship to the deceased and the reason for the request. Mail-in applications must include a copy of your photo ID and a check or money order for the fee. Online orders use the same form but are submitted through the state’s approved vendor.