Who is allowed to view probate records in Florida?
Most probate documents are public records, however, inventories and accountings filed in estates are confidential and may be viewed only by the personal representative, the personal representative’s attorney or an “interested party,” as defined in the Florida probate laws.
Do you need an attorney for a probate estate?
The probate rules require an attorney to represent a personal representative in a formal estate. There are some types of small estates that don’t require an attorney, because the court directs the distribution of the assets, rather than the personal representative making the distribution.
Is the cause of Death Confidential in Florida?
The cause of death section of all death and fetal death records and the paternity, marital status and medical information of all fetal death records of this state are confidential and are not open to public inspection. Death certificates may be recorded with the specified sections deleted. Do I need representation?
How can I find out if my spouse has a will?
Wills often do not include specific assets that are owned by someone at the date of death. The best way to determine if there are assets is to look through your spouse’s papers and files to determine if there are accounts or assets owned by your spouse at the time of death.
Most probate documents are public records, however, inventories and accountings filed in estates are confidential and may be viewed only by the personal representative, the personal representative’s attorney or an “interested party,” as defined in the Florida probate laws.
Do you have to go to probate if there is no will in Florida?
If the decedent had no Will, probate might be necessary to pass ownership of the decedent’s probate assets to those receiving them under Florida law. Some assets do not require a probate proceeding to transfer ownership. You should contact a probate attorney to provide specific guidance.
What are the different types of Probate in Florida?
There are two types of probate administration under Florida law: formal administration and summary administration. This pamphlet will primarily discuss formal administration. There is also a non-court-supervised administration proceeding called “Disposition of Personal Property Without Administration.”
Who are the heirs to a probate estate in Florida?
In that case, the decedent’s probate estate will pass to the decedent’s surviving parents, if they are living, otherwise to the decedent’s brothers and sisters. Florida’s intestate laws will pass the decedent’s probate estate to other, more remote heirs if the decedent is not survived by any of the close relatives described above.