Broward County Probate Records

Probate records are legal documents detailing the judicial process of settling a deceased person's estate. In Broward County, probate actions are handled by the local probate court, and like other Broward County court records, the county clerk maintains the records generated from these proceedings. Probate records include wills and codicils, court orders and notices, affidavits, death certificates, proofs of service, motions, petitions, etc.

Probate records are often used to confirm case document filings, get updates about ongoing probate proceedings, gather evidence for upcoming probate cases, and confirm the existence of wills. The records can also be used to verify ownership transfers and identify heirs to properties.

Are Probate Records Public?

Yes. Broward County probate records are part of the county's public records per the Florida Court Rules, excluding records outlined in 2.420(d)(1), Fla, R. Gen. Prac & Jud. Admin as being confidential to the general public. These confidential records include:

• Court files and information sealed by court order
• Adoption, birth, and death records that may be filed during probate disputes
• Personal records like social security numbers, financial information, and medical records
• Estate financial information and inventories
• Details that can be used to identify minors

Confidential probate records can typically be accessed by entities authorized by law, such as case parties, judicial officers, appointed executors, and government agents.

What is Probate Court in Broward County?

Broward County probate proceedings are filed and handled in the Probate Division of Florida's 17th Judicial Circuit. In addition to will execution and the administration of estates for deceased persons, the division hears guardianships, conservatorships, mental health matters, incapacity hearings for people over 18, and trusts.

Probate Court Case Lookup

In Broward County, probate filings and other related records are maintained by the Probate Division of the Broward County Clerk of the Courts. The division accepts walk-in and mail-in probate records requests. In-person requesters can visit the following address:

Probate and Guardianship
Central Courthouse
Judicial Complex, West Building
201 South East 6th Street
3rd Floor, Room 03150
Fort Lauderdale, FL 33301

One can also visit the Archives Division in Room 03-305 to obtain and view copies of court documents.

The process for mail-in requests involves filling out the Court Records Request Form, which can be downloaded from the Clerk's Records Request webpage. Requesters are required to provide their names and contact information, the case party's name and date of birth, file type, reason for request, type of request (plain or certified copies), and the number of copies being requested. The completed form can be emailed to redactarchives@browardclerk.org or faxed to (954) 831-5550. Processing times can last up to two weeks from the date the form reaches the clerk's office.

The following costs are attached to copies of case records:

• Plain copies: $1 per page
• Case search: $2 for each search year
• Certification: $2 per document

The clerk's office also allows individuals to order electronically certified copies of court documents online. Interested parties can follow this process:

• Access the clerk's Public Case Search portal.
• Search for the case.
• Select the case number and click "Purchase Certified Documents Online" at the top of the screen.
• Agree to the terms and select "Continue". Then, the number of available documents will be indicated.

The clerk also provides a way to verify purchased electronically certified copies. Users can upload their documents on the site or enter a unique reference number into the e-verify portal. This process helps people confirm that they ordered authentic court records.

How to Find Probate Records Online Free

The Broward Clerk of the Courts' Public Case Search portal provides access to cases heard in Broward County, including the following:

• Party information (name, type, address, etc.)
• Case type and number
• Judge
• Filing date
• Attorney
• Case status
• Case events
• Document list and descriptions
• Hearing dates
• Related cases

Users can search the database for free by providing case party names (which can be filtered by filing date) or case numbers. However, they must pay to view or certify court documents online, in person, by email, or via fax.

How Long Does Probate Take in Florida?

Florida probate proceedings do not have a defined timeline. The duration for these cases is determined by the following:

• Nature of the decedent's assets: Executors are tasked with locating the deceased's assets, settling outstanding debts and expenses, paying taxes, liquidating certain assets, and transferring property titles as instructed in the will or by the court. The complexity of these matters can prolong the probate process.
• Existence of a will: If a will that names an executor exists, the process is relatively straightforward. However, where the deceased did not leave a will, the court will appoint an executor, determine heirship, and oversee the estate settlement. These processes can extend the probate timeline.
• Disputes: Actions by beneficiaries against executors and vice versa, creditors’ claims, and will contests can also affect the duration of probate cases.

Are Wills Public Record?

Yes. Wills submitted to the court as part of probate proceedings are subject to Florida's court rules that permit public access to court records. One can obtain these records by applying in person, sending a court records request by email or fax, or submitting an online request.

However, wills that have not been filed with the court are not accessible to the general public. Additionally, the court can restrict certain wills from public access due to specific case proceedings, motions, or requests.

How to Find Out If Someone Has a Will

One can confirm that a will exists by browsing the Broward County probate division records. The clerk's Public Case Search portal outlines all documents filed during a case, including wills. Individuals can also request case searches at $2 per year to determine if someone has a will.

If a deceased person's probate proceedings have not commenced, inquirers can contact the will custodian or estate attorney to verify the existence of a will.

Broward County Family Court Case Search

Family court cases include paternity, parental rights, adoption, dissolution of marriage, child support, name change, child custody, domestic violence, and emancipation proceedings. The Broward County Family Court, a division of the circuit court, handles these cases.

Like probate records, the Broward County Clerk of the Courts maintains family case files and data. Individuals can access the office's Public Case Search portal and select "Family" under Court Type to look up family case records online. Interested parties can also visit the clerk's family division on the 4th Floor, Room 04130, at the Central Courthouse or the Archives Division to view or obtain family court records in person. Copies of certified or plain digital court records can also be purchased online.

However, it should be noted that case files and records for certain family proceedings, such as domestic violence, adoption, child support, emancipation, and child custody, are usually treated as confidential. Only case parties and other authorized entities can access these records.