How Do You Find Out If Someone Has A Will In Florida
🎉 Digging Up the Dirt: How to Find Out If Someone Has a Will in Florida (It's Easier Than You Think, Seriously!)
Let's be real. Nobody wants to be the one on a wild goose chase after a loved one passes. You're probably already dealing with a whole mess of stuff, and trying to figure out if there's a Last Will and Testament floating around in the Sunshine State can feel like trying to find a parking spot at Disney World in July—nearly impossible!
But hey, take a deep breath, buttercup. This isn't some super-secret spy mission worthy of an action movie. In Florida, once a person has shuffled off this mortal coil and their will enters the legal process, it's generally a matter of public record. That's right, your quest for truth is about to get a whole lot less Mission: Impossible and a lot more Library Visit.
Grab your detective hat (or maybe just a comfy pair of Crocs), because we're about to walk through the steps to get the 411 on that Florida will.
Step 1: 🧐 Get Your Basic Facts Straight (The Crucial Pre-Game)
Before you hit the courthouse, you need to gather the essentials. Think of this as getting your ammo ready for the information hunt. If you show up asking for "that one paper from the old guy," you're going to get the kind of blank stare usually reserved for someone who orders a hot coffee in Miami in August.
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| How Do You Find Out If Someone Has A Will In Florida |
1.1. Who, When, and Where
The Deceased's Full Legal Name: Don't mess this up! Use the name that would have been on their legal documents. No nicknames, please. If their name was Bartholomew J. Thunderbottom, use all of it.
The Date of Death: You need this for the search. A ballpark might work, but an exact date is clutch.
The Last Known County of Residence in Florida: This is the big one. Wills in Florida are filed with the Clerk of the Circuit Court in the county where the person legally resided when they passed away. Florida has 67 counties—from Miami-Dade to Escambia—so you need to nail this down.
Pro Tip: If they owned property in Florida but lived somewhere else, the will usually goes through probate in their home state first, and then Florida handles the property in a process called "ancillary administration." Keep that in your back pocket!
QuickTip: Don’t rush through examples.
Step 2: 🏛️ Contact the Clerk of the Circuit Court (Your Information Hub)
This is where the rubber meets the road. The Clerk of the Circuit Court's office is the official custodian of all the probate records, and that's where the will, if it exists and has been filed, is chilling.
2.1. The "Wills for Safekeeping" Situation
Hold up—there's a twist! Florida law mandates that the custodian of an original Will (often the person or lawyer holding it) must deposit it with the Clerk of Court within ten days of learning the person is deceased.
Sometimes, people even file their original will while they are still alive with the Clerk for safekeeping. This is separate from the probate process.
Some Clerks offer an online search tool specifically for these "Wills for Safekeeping." It’s worth a look! Check the county Clerk's official website.
2.2. Checking the Probate Records (The Main Event)
If the will is actually being used to settle the estate, it will be part of a Probate Case.
QuickTip: Scan for summary-style sentences.
Online Access: Many (but not all) Florida County Clerks have fantastic websites where you can search Case Records for Probate. Look for a section labeled "Official Records Search," "Court Records," or "Case Search." You'll typically enter the deceased person’s name. If a probate case has been opened, the system will pull up a case file number and a docket (a list of all the filed documents).
Important Caveat: Due to Florida law (Florida Rule of Judicial Administration 2.420), you can't always just click and see the actual documents online. They often restrict the viewing of the images of the filed will itself to ensure security and privacy—even if the documents are public record!
Step 3: 📞 Go Old School (When Online Fails)
If the online search turns up nada or you can't view the documents, it's time to pick up the phone or make a trip. Don't be shy; this is what the Clerk’s office is there for!
3.1. Calling in the Cavalry
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Dial up the Probate Division of the Clerk of Court's office in the correct county.
Tell them, "Hey, I'm checking to see if a will has been deposited or if a probate case has been filed for [Deceased's Full Name] who passed away on [Date of Death]."
They can search their internal system and tell you if a file exists. If it does, they'll give you the case number. Write that down like it's the winning lottery numbers.
3.2. Hitting the Courthouse (The In-Person Visit)
If you need to see the actual will (and you often will!), you might have to visit the Clerk's office in person.
QuickTip: Reading carefully once is better than rushing twice.
Go to the Probate Records Department.
Give them the deceased's name or, even better, the case number you got over the phone.
They have public view terminals (fancy computers) that allow you to look up the case and, in many cases, view the image of the will and other public documents right there in the office.
If you need a physical copy, be prepared to pay a small fee per page. Bring some cold, hard cash or a debit card.
Fun Fact: The process of filing the will officially makes it a public record for all to see. Seriously. This is why many privacy-minded Floridians opt for a Revocable Living Trust—which is not filed with the court and thus remains private!
FAQ Questions and Answers
How do I know if I'm an "interested person" who can see the probate records?
In Florida, most probate records, including the will, are public. You don't need a special reason or legal standing to view or get a copy of the will once it is filed in probate court. You only need to be an "interested person" (like a beneficiary, heir, or creditor) to access confidential documents like inventories and accountings.
What if no will is found? Does that mean the estate is a bust?
Not at all! If no will is filed or found, the deceased person is said to have died "intestate." In this case, Florida's Intestacy Laws kick in to determine how assets are distributed. Usually, the assets go to the closest blood relatives (spouse, children, parents, etc.) in a specific legal order.
Tip: Stop when confused — clarity comes with patience.
How do I search for a will online if I don't know the county?
That’s a tough one, hoss. There is no single statewide public database for Florida probate records. You must search each county's Clerk of Court website individually. Start with the county where the deceased person received mail or registered to vote. If they lived in a big metro area, try all surrounding counties.
How long after a death is the will usually filed?
Florida Statute requires the custodian of the will to deposit the original with the Clerk of the Court within ten days after receiving information that the testator is dead. The probate case itself might be filed later by the Personal Representative, but the original will should be deposited quickly.
Can I find out if someone has a will before they die in Florida?
Nope! A will is a private, confidential document while the person (the testator) is alive. It only becomes a public record after the person dies and the will is filed with the Clerk of the Court as part of the legal process.
Would you like me to help you find the specific website link for the Clerk of the Circuit Court in a Florida county of your choice?
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