Is Probate Public in Florida?

Whether you’re planning your own estate and making sure your privacy and rights are protected, or dealing with someone else’s estate and wondering what records will be made available for others to see, you may have a lot of questions about what can be disclosed. We often get people asking us if probate is public record in Florida. Talk to our trusted probate lawyer about this and other questions you may have about the process.

Publicly Available Information

In Florida, most probate records are part of the public record, which means that anyone can access them. That includes:

The Will
The Petition for Administration, which opens the probate process
Court orders related to the personal representative
Letters of administration giving the personal representative permission to act on behalf of the estate
Any document submitted to the probate court

All of these documents are generally entered into record with the court, which means that they are readily accessible throughout the probate process and after estate administration has been completed.

Private Information

While there is a great deal of information that is made available to the public during probate in Florida, there are several types of information that are generally kept private:

Asset inventory: While some financial records related to the estate may be publicly available, any asset inventories are generally considered private, including lists of real property and other factors
Financial transactions: The estate or personal representative does not have to make financial transactions public, including information about paying off creditors or otherwise managing assets
Private information: Social Security numbers, bank account information, medical records, and any other sensitive data are obviously kept private

If these details are made public for any reason, the personal administrator may want to take a closer look at how that information was shared. In general, other than private identifying information, they should only be accessible to the personal representative, their attorney, or any “interested parties,” which may include beneficiaries who need further access to those documents for their own uses, heirs who would inherit assets in the absence of a Will, and anyone else who has a specific financial or personal stake in the administration of the estate.

Accessing Probate Records

For individuals who want to access probate records, there are several solutions that can provide access to that information. Most of the time, the person who wants to access those records can visit the Clerk of Court’s office in the county where the case was filed to access that information. Individuals who need certified copies of those records can also obtain them from the Clerk of Court’s office. For individuals who cannot come to the office in person, online access may be available.

Call a Lawyer to Discuss the Private and Public Aspects of Probate in Florida

In addition to questions regarding the public or private nature of probate in your state, you may want to know more about the probate process and how to protect your privacy or the privacy of the decedent. Dealing with probate can prove complicated, especially if you do not know what information you have to provide and when it will be accessible. At Veliz & Associates, P.A., you will receive the support you need and answers to your questions about estate administration. Reach out to us today to learn more.