Duval County Probate Records

The probate process in Duval County is set up for the purpose of identifying the deceased’s estate, paying their debtors, and distributing the estate according to the will (if any) or in a manner decided by the courts. Probate records are court records created during court administration of a deceased's estate. Examples of probate records include documents such as a death certificate, the deceased’s will, codicil, asset inventory, and the names of beneficiaries, heirs, witnesses, and executors.

In Florida, probate is necessary to convey ownership of the deceased person's probate assets (all real and personal property, life insurance policy, bank accounts, investment accounts, and shares) to their beneficiaries if the deceased did not have a will or codicil. The administration of a deceased person's estate is also needed to settle all financial affairs post-mortem and satisfy all debts owed to creditors.

In Duval County, there are different types of probate administration: formal administration (for larger estates), summary administration(for smaller estates based on criteria stipulated in the law), or non-court supervision administration called “Disposition of Personal Property Without Administration”.

Are Probate Records Public?

Yes. Probate records in Duval County, Florida, are public records. According to the Florida Sunshine Law, it is the policy of the state that all state, county, and municipal records are open for inspection and copying by any member of the public. While most probate documents are public records, there are limitations in this regard.

For example, in line with the Florida Probate Code and Probate Rules of Court Procedure, inventories of a deceased person’s estate and accountings filed in estates are confidential records. They can only be accessed by personal representatives, their attorneys, or other legitimate interested parties. The law in Florida also strictly prohibits court clerks from indexing copies and images of court files, records, or other documents related to matters or cases under the jurisdiction of the Florida Probate Rules on websites that are accessible to the public.

Likewise, documents pertaining to the cause of death of the decedent, fetal death records, paternity information, marital status, and medical information filed in a probate court are not public records and, as such, are not open for inspection and copying.

What is Probate Court in Duval County?

The Duval County Probate Court is one of the courts in the Fourth Judicial Circuit Courts of Florida. The Duval County Probate Court is responsible for the administration of estates after the demise of an individual. Probate is a legal process where the assets of a deceased individual are gathered and inventoried and then distributed according to a valid will or testamentary documents if there is one, or according to the Florida law of trusts and succession.

Under Florida law, this process is mandatory regardless of whether the deceased had a will or any other testamentary documents. The Probate Court also has jurisdiction over the following matters: will execution, guardianship cases for minors, trusts, mental health cases (involuntary commitment and competency), and conservatorship.

Duval County Probate Courts
501 West Adam Street
Jacksonville, FL 32202
Phone: (904) 255-1990

Probate Court Case Lookup

The Clerk of the Circuit Court, Duval County, files and maintains accurate records of probate documents. To look up probate cases in Duval County, interested persons must visit the office of the circuit court clerk to request or inspect copies of probate court case records. Do remember that certain probate records are confidential (inventories, accounting, and death certificates) and are only accessible to personal representatives and their attorneys.

One may also send a written request to the Duval County Clerk at the mailing address below. Be sure to provide the case number, party name, decedent/deceased’s full name, and date of death, along with a self-addressed, stamped envelope and a payment of $2.00 per name (search fee). The fee is payable by business checks, cashier's checks or money orders addressed to the Duval County Court Clerk.

Mailing Address:
Duval County Clerk of Courts
ATTN: Probate Department
501 West Adams Street, Room 1173
Jacksonville, FL 32202.

How to Find Probate Records Online Free

Interested persons may access probate case records online at the Duval County Clerk’s Online Resource Portal. Searchers must be registered users to access the information available on this web platform.

Interested parties may also consider third-party search services. These sites usually index public records from state, county, and municipal courts on publicly accessible websites. However, while searching for these records may be free, users may be required to subscribe to the host’s services or pay search and viewing fees to access the detailed documents.

How Long Does Probate Take in Florida

The duration of the probate process in Florida can take up to a month for simple estates worth less than $75,000 that have no debt; one year for formal probate administration; two or more years for complex and litigated estates. This length may also be affected by any of the following factors:

• The type of probate administration
• The size and complexity of the estate
• The decedent’s debt
• Disputes between creditors
• Whether or not the beneficiaries are contesting the will.

Are Wills Public Record?

Yes. Once a will is filed with the Court Clerk, it becomes a public record in Duval County. Any member of the public may request a copy from the Duval County Circuit Court Clerk.

How to Find Out If Someone Has a Will

A will cannot be accepted for deposit by any probate court in Florida before the death of the testator. As long as the testator is alive, their will remains a private and confidential document. Although section 732.502(1) Florida Statutes on Estates and Trusts states that a will must be signed in the presence of two witnesses, it is not the law that those witnesses know the content of the will.

Within ten days after the demise of the decedent, the will may be deposited with the Clerk of the Court in the county where the decedent was living on the day of their death. Once a will has been deposited with the court clerk, interested parties may visit the office of the court clerk to look up the probate documents or send a written request to the Duval County Probate Court.

Furthermore, creditors and other interested parties of an estate may file a caveat in the manner prescribed in Florida Statute 731.110 to be notified by the clerk of court if a probate administration has been filed or is filed over the decedent in question. Please note that the Duval County Clerk’s office does not perform record searches by phone call.

Duval County Family Court Case Search

The Duval County Courthouse has a family law division. The family law division handles dissolution of marriage, name change, child custody and visitation, child support, adoption, paternity, delayed birth certificates, recognition and enforcement of foreign judgments, and post-judgment domestic violence matters.

Individuals can search for Duval County family court cases in person at the office of the circuit court clerk or the clerk’s Case Search site. In order to successfully retrieve the information desired, the searcher must know the case number, party names, case type, and court type.

It is important to know that not all Duval family court cases are publicly available. Due to the nature and sensitivity of these records, especially those involving minors, access to family court records may be restricted to persons with a legitimate interest in the case.

Duval County Courthouse FCS
501 West Adams Street
Second Floor, Room 2150
Jacksonville, FL 32202.