The Short Answer

In Florida, you typically verify whether an estate is open by checking the probate case records maintained by the Clerk of the Circuit Court in the county where the decedent lived (venue). If a will has been deposited or admitted to probate, you can usually request a certified copy from the clerk—though access, what’s available, and what is “certifiable” can depend on whether a probate case has been opened and what has been recorded.

What Florida Law Says

Florida law requires the person holding the original will (the “custodian”) to deposit it with the clerk of the court with proper venue within a short timeframe after learning the testator has died. Once a will is admitted to probate, the clerk is required to record certain probate documents (including wills admitted to probate and orders admitting the will), which is often what makes it easier to confirm the estate’s status and obtain certified copies.

The Statute

The primary law governing this issue is Fla. Stat. § 732.901.

This statute establishes that the custodian of a will must deposit the will with the clerk of the court having venue of the estate within 10 days after learning the testator is dead, and the court can compel production (with potential costs and attorney’s fees) if the custodian does not comply.

In addition, Florida law addresses how probate records (including wills admitted to probate) are recorded and maintained by the clerk, which is often the legal basis for obtaining certified copies from the official record.

Fla. Stat. § 28.223 generally requires the clerk to record wills and codicils admitted to probate and certain key probate orders and letters of administration.

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

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida imposes a 10-day requirement on the will’s custodian to deposit the will after learning of the death, and delays can create leverage issues and litigation risk. See Fla. Stat. § 732.901.
• Burden of Proof: If you suspect a will exists but it hasn’t been filed, you may need evidence about who has custody, what version is the “last” will, and whether a probate case should be compelled or contested.
• Exceptions and Access Issues: Whether you can obtain a certified copy (and what form of certification you need—certified vs. exemplified) can depend on what has been recorded, whether probate is pending, and what the clerk will certify from the court file.

Trying to handle this alone can lead to delays, incomplete records, or missed opportunities to protect your rights—especially if there is a dispute about the will, the nominated personal representative, or whether an estate should be opened at all.

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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.