Hillsborough County Probate Records

Probate is the court-monitored process for the organized distribution or settlement of a deceased person's estate. "Estate" is legal terminology for the net value of a person's assets after death, minus their liabilities (i.e., everything they owed). A decedent's assets can include bank or brokerage accounts, investment or retirement accounts, real estate, life insurance policies, etc.

Normally, a deceased person's next of kin or executor of a will files the probate case in Hillsborough County, Florida. However, the decedent must have lived or owned property in the county at the time of their death.

Probate records are the documentation generated from probate proceedings, but they may include records from other cases heard by probate courts, like conservatorships, guardianships, and trusts. Like other Hillsborough County court records, these records provide a formal account of the events and activities of a probate court case. They are also useful for tracing one's family history, determining inheritance rights, identifying heirs and beneficiaries, and proving the authenticity of a deceased person's will.

Are Probate Records Public?

Yes. Most probate records maintained in Hillsborough County are publicly accessible under the Florida Rules of General Practice and Judicial Administration (Fla. R. Gen. Prac. & Jud. Admin) 2.420. This means that any member of the public can request to see or copy probate records from official custodians, except where a record is considered confidential by statute, court rule, or court order.

According to Fla. R. Gen. Prac. & Jud. Admin 2.420 and 2.425, confidential records include medical records, estate inventories and accountings, trade secrets, sensitive personally identifying information (like addresses, Social Security numbers, minors' names), and guardianship reports.

What is Probate Court in Hillsborough County?

A "probate court" is any court with jurisdiction over the estates of deceased individuals, incapacitated persons, or persons of limited capacity. In Hillsborough County, that court is the circuit court. The court hears different cases, including estate administration, conservatorships, guardianships of minors and incapacitated persons, mental health, exploitation of vulnerable adults, and substance abuse.

The Hillsborough County Circuit Court hears probate matters at these addresses:

George Edgecomb Courthouse
800 East Twiggs Street
Tampa, FL 33602
Phone: (813) 276-8100

Plant City Courthouse
301 North Michigan Avenue
Room 1071
Plant City, FL 3356
Phone: (813) 276-8100

Probate Court Case Lookup

Members of the public can look up probate court cases in Hillsborough County as follows:

• View a list of probate cases filed within the last 30 days
• Access the Hillsborough Online Viewing of Electronic Records (HOVER) website. The minimum search parameters are a case number, case party's name, or filing date range.

Note: Detailed case information is available to view on the HOVER platform. However, Florida law bars the Clerk from displaying an internet image or copy of a court record, file, or paper relating to a case or matter governed by the Florida Probate Rules.

• Stop by any of the service locations of the Hillsborough County Clerk. This includes the Edgecomb and Plant City courthouses, as well as the Brandon Regional Service Center located at:

311 Pauls Drive
Suite 110
Brandon, FL 33511

Courthouse access may be sought where one wants to view or requires a copy of a record unavailable online.

How to Find Probate Records Online Free

Free access to Hillsborough probate records is available online through the Hillsborough Online Viewing of Electronic Records (HOVER) and 30-day probate case index websites (explained in the previous heading). One can also obtain free inspection by visiting the courthouses or any of the Clerk's service locations and submitting a case number or litigant's name to staff.

However, if copies are needed, the Clerk assesses related charges, such as a $1 per page fee for photocopies and a $2 per document fee for certification. Other copy fees are indicated on the Clerk's Fees and Fines page under "General Services and Charges".

Members of the public can also seek free searches of probate records on third-party websites that offer such services (also called private aggregator websites). These sites accumulate public records from different U.S. regions and provide a central database for record searches. However, a fee may apply to see the search results or print documents.

How Long Does Probate Take in Florida

The time frame until probate is finalized in Florida varies by case. This timeline is mostly influenced by the type of administration required, the availability of the probate court, the complexity or size of the decedent's estate, the existence of tax issues, and the filing of any disputes (for example, a creditor's disputed claim, a challenge to a will's validity, or a petition claiming wrongful death may lengthen a case's disposition).

Typically, the period until final distribution (i.e., when assets are transferred to beneficiaries) is shorter for simple estates. According to the Florida Bar, a simple probate estate may be closed in five or six months.

Are Wills Public Record?

Yes. Wills filed with the Hillsborough County Clerk (also called the Clerk of Circuit Court & Comptroller's Office) are open to the general public.

It should be noted that wills are only deposited with the Clerk after a testator dies. Once a probate case is filed (often beginning with the will execution process), the associated will becomes a matter of public record. However, inquirers may be able to view/obtain redacted wills on deposit, which are available to the public for 20 years from the filing date.

How to Find Out If Someone Has a Will

Public record search resources provided by the Hillsborough County Clerk are useful for tracking down wills that have been probated in Hillsborough County. A direct inquiry can also be made to the Clerk to retrieve a will. However, as mentioned, the Clerk's record series only pertains to wills whose testators have passed away. (F.S. 732.901 imposes a 10-day deadline after receiving news of a person's death to file their last will and testament with the circuit court. There is no fee assessed for depositing a will.)

A living person's will is a private document that can only be disclosed by the creator (testator) or their legal representative.

Hillsborough County Family Court Case Search

To read family court records in Hillsborough County, a person can access the Clerk of Circuit Court & Comptroller HOVER website. Searches are performed with at least a case number or case party's name, and the search results can be viewed at no cost. Notably, while users cannot download or purchase most family documents through the system, they may be able to order paper copies for viewing at a local courthouse.

A physical visit or mail-in request to the Clerk's service locations can also be utilized for a family court case search. Additionally, the Clerk provides a 24/7 self-service line (813) 276-8100 for ordering certified copies of family court records electronically (orders are payable by credit card). The phone line can also be dialed by individuals who want to find out fees and instructions for mail-in applications. Generally, the Clerk charges $1 per page for copies and $2 for certifying a document, but other fees may be incurred depending on the request.

It is important to remember that not all family court case records can be seen or reviewed by the general public per Fla. R. Gen. Prac. & Jud. Admin 2.420 and 2.425.