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Lee County Probate Records

Lee County Probate records are documents pertaining to probate matters heard within the Lee County judicial system. A probate court is primarily charged with maintaining a person's original last Will and original codicils (updated wills) on file for examination and review. Lee County Probate Courts have automated the retention and examination of pleadings, motions, and communications submitted to the court, modernizing the process of keeping probate records.

The Lee County Probate Department collects deposit wills for filing and manages Lee County court records about estate matters, guardianships of minors and incapacitated individuals, Baker Act cases involving mental health illnesses, and Marchman Act cases concerning drug and alcohol misuse. These documents include details about deceased people's belongings, heirs' identities and relationships, and court cases used to validate wills and settle estates. Lee County Probate records are vital for historical research and documentation as well as the administration of a person's assets after their death.

Are Probate Records Public?

Yes. Lee County probate records are public per the Florida Public Records Act. These documents become public records upon filing with the court. Court officials may decide to keep a probate record confidential and deny access if they determine that it contains sensitive information. However, probate records, including wills, are not made publicly accessible online by Lee County Courts. Anyone who wishes to view a copy of a will must go to the courtroom in person to make the request. Unfortunately, no legal restrictions exist on anyone interested in reading a will, copying it, or even sharing information publicly unless otherwise determined by law or court order issued by a judge.

What is Probate Court in Lee County?

The probate court in Lee County is primarily responsible for confirming a deceased person's Will and allocating assets to heirs. Information on the deceased's assets and debts must be gathered, property must be valued, creditors must be paid, and assets must be distributed per the terms of the Will. The probate court oversees this process, and the executor designated by the deceased performs their obligations. Along with determining any inheritance or estate taxes due, the Lee County Probate is also responsible for settling any claims made against the estate.

Lee County Probate Court's physical location
2075 Dr. Martin Luther King Jr. Boulevard
Ft. Myers, FL 33901

General Mailing Address:
P.O. Box 2469 Ft. Myers,
FL 33902

Probate Court Case Lookup

Interested persons can perform a probate court case lookup online, through mail, or in person at the Lee County Probate Court Office through the following steps:

  • Online: Individuals can purchase electronically certified copies of probate court records by searching the Lee County course case records portal. To use this portal, requestors must provide the full name of the person named in the probate document, the case number, and the period in which the probate matter was filed.
  • In-person visit: During regular business hours, individuals can stop by the Lee County Probate Courthouse to view or copy records.
  • Mail requests: Inquirers can also mail a request for probate records to the probate division of the Lee County Court. The request should provide a comprehensive description of the probate record being requested.
  • Lee County Public Request Portal: This portal can search for official court records.

Citizens can also request to view confidential or sensitive records by completing a view-on-request form at the Lee County Court Clerk's office.

How to Find Probate Records Online Free

Requests made at the Lee County Court Clerk's office to search or make official copies of probate records almost always come at a cost. The probate department allows fee waivers for those requesting to view records at the court's location. However, interested parties may access public documents from courts and government agencies through a third-party aggregator website. Third-party websites are owned by private companies whose duty is to provide access to public government data. Members of the public library's databases and collections can also find probate records.

How Long Does Probate Take in Florida

A Probate process in Florida typically takes at least 6 months and often more than 18 months; however, each case differs. Estates that are complicated or in litigation may require considerably more time. Although the Florida probate timeline varies, some general timelines must be followed to inform people about the probate procedure. There are specific due dates and timelines to guarantee that the probate matter moves forward through the probate courts. Numerous milestones are dependent on specific aspects of the probate case.

Are Wills Public Record?

Yes, wills are public records in Florida. The Will becomes a public document after it is filed with the local court. However, just because a will is a public record does not imply that the local county clerk will make it publicly accessible online. According to Florida court rules, even after a will or other legal document has been filed, it is not immediately accessible to the public. The only way to view the Will is to visit the local county clerk's office and request a copy or to view the Will itself. The cost of photocopying the Will is typically a small administrative fee.

How to Find Out If Someone Has a Will

Anyone can look up the decedent's name on the Lee County Probate Court docket to determine whether someone initiated probate or deposited a will. Lee County Probate Court records are accessible online through the Courts Records Portal. With this digital access, a search can be significantly streamlined and yield fast results. Most original wills are kept by the deceased among their possessions; therefore, looking for one should also be done within the deceased's house or perhaps in a safe deposit box. Persons searching for the Will can also look at typical locations where personal documents are kept, like a home office or library.

To obtain a copy of the Will, people might also inquire with the decedent's estate planning lawyer if they have one.

Lee County Family Court Case Search

Most family court case records, such as child support and divorce records, are public and available to interested persons online and in person at the county court clerk's office. To search for these records, individuals can use the public access terminals available in the lobby of the county clerk's office. They can also visit the county clerk's office in person and complete a records request form to gain access to family court records.

 

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