How to Determine if a Probate Estate Has Been Opened for a Decedent in Florida | Florida Probate | FastCounsel
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How to Determine if a Probate Estate Has Been Opened for a Decedent in Florida

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:

  1. Identify the county of domicile: In Florida, probate matters are handled in the county where the decedent lived at the time of death.
  2. 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.
  3. Use the Florida Courts E-Filing Portal: The MyFloridaCourtAccess system allows you to look up case numbers, filing dates, and basic case documents.
  4. 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.
  5. 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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.