Orange County Probate Records

Florida's Judicial Branch describes "probate" as the court-monitored process for identifying and collecting a decedent's (deceased person's) assets, paying the decedent's debts, and distributing remaining assets to parties entitled by law.

In Orange County, the type of probate initiated by next of kin, personal representatives, or beneficiaries differs. For example, summary administration (F.S. Chap. 735) may be applicable when the value of an estate exceeds $75,000 or when a person has been deceased for over two years. Meanwhile, formal administration (F.S. Chap. 731, 732, 733) may be necessary for estates exceeding the monetary limits for other kinds of administration or having unique circumstances. However, the common requisite is that the decedent should have lived in or had property in Orange County at the time of their death.

All probate actions filed in Orange County have corresponding records, known as "probate records," which the court clerk preserves much like Orange County court records, according to the law (see Florida Clerks' General Records Schedule GS11). These records are essential for identifying beneficiaries, conducting genealogy research, valuing a decedent's estate, resolving will disputes, and providing a formal account of the administration of an estate, among other uses.

Are Probate Records Public?

Yes, probate records are public in Orange County. Rule 2.420 of the Florida Rules of General Practice and Judicial Administration allows the general public to obtain records maintained by courts in Florida, including those in Orange County. As a result, anyone can see or copy an Orange County probate record, provided the record is not classified as confidential by court rule or order. Confidential records include:

• Guardianship reports
• Documents connected to the settlement of a minor’s claim or a claim filed for a ward
• Estate inventories and accountings
• Minors' identifying data
• Financial information (e.g., credit and debit card numbers, bank account numbers, charge account numbers)
• Personally identifiable information (Social Security numbers, Taxpayer Identification Numbers (TINs), telephone numbers, driver's license numbers)
• Medical and other related records
• Sealed records

What is Probate Court in Orange County?

The Orange County Circuit Court in Florida (the Ninth Judicial Circuit Court) maintains original jurisdiction over local probate cases. In addition to petitions for the administration of decedents' estates, which usually begin with the will execution process, the court hears trusts, guardianships of minors, mental health proceedings, and conservatorships. Below is the court's contact information:

Orange County Courthouse
425 North Orange Avenue
Orlando, FL 32801
Phone: (407) 836-2057

Probate Court Case Lookup

The Orange County Circuit Court Clerk & Comptroller's Office (also the Clerk of Courts Office) preserves and disseminates the Orange County probate records. Members of the public can access these records as follows:

• Visit the Clerk's Online Court Records Search ("my eClerk") portal to look up probate cases remotely. To find relevant matches, users must input at least a case party's name or a case number into the system.
• Go to the Orange County Courthouse during regular business hours to submit a probate record inspection request or send a written application by mail. The in-person or mail-in approach may be utilized for records that cannot be obtained online. Each mail application should contain a case number, case party's name and date of birth, case document needed, and year(s) to search and be forwarded to:

Orange County Clerk of Courts
425 North Orange Avenue
Suite 150
Orlando, FL 32801

• Fill out and submit the Clerk's Online Record Request Form to obtain or request a case record for review.

It should be noted that the Clerk charges reasonable fees for copy requests. However, inspecting records online or at the courthouse is typically free. One can email the Clerk's Probate Division or call (407) 836-2057 for probate case search guidelines.

How to Find Probate Records Online Free

Individuals seeking a review of probate records in Orange County can access the Clerk of Courts' Online Court Records Search site. There is no fee assessed for searching the database for open or closed cases or viewing the search results.

However, account registration is mandatory to see probate case documents and is only granted to case parties, attorneys, agency employees, and approved public subscribers (with some limitations). Florida law prevents the Clerk from displaying an image or copy of a probate court document on a publicly available website for general public display.

Several third-party aggregator websites also provide free probate court record searches to interested individuals. On these sites, a name or case number is the standard search criterion, and users can restrict their searches to a single geographical location or search nationwide. However, a fee or subscription may be required to view or print search results.

How Long Does Probate Take in Florida

The Florida Probate Code (F.S. Chap. 731 through 735) and Florida Probate Rules (Part I and Part II [Rules 5.010-5.530]) govern all probate proceedings in Florida, including the deadlines by which specific actions need to be taken. For example, wills must be filed within 10 days of notification of a testator's death, and a three-month creditor claim period is applicable for estates.

However, these regulations do not state precisely when a probate case should be finalized, as several factors influence this timeline.

Factors that can cause reasonable delays to final distribution include the presiding court's backlog, disputes or challenges to an estate, the complexity of an estate, pending taxes, and the executor's efficiency. Consequently, the time until a probate is closed in Florida varies in each circumstance.

Are Wills Public Record?

Yes. Any will that has gone through the probate process in Orange County is generally considered a public record under Florida law. As a result, anyone can view or copy it, except if the court has sealed the document.

How to Find Out If Someone Has a Will

To determine the existence of a will in Orange County, individuals can follow these steps:

• On a browser, go to the Orange County Circuit Clerk's my eClerk portal.
• Under the Court Records Search tab, select "Probate Case Records". Alternatively, from the main menu (i.e., the hamburger icon), select "Records Search".
• On the next page, fill out a case number, party name, or approximate filing date range, and select "Wills for Safekeeping" under "Case Type".
• Answer the ReCAPTCHA and hit "Submit".

The system only provides basic information about a will, including its testator and filing date, and does not include a copy of an actual will.

A request can also be submitted to the Orange County Circuit Clerk's Office in person, online, or by mail, as explained under the "Probate Court Case Lookup" header.

Note: The Orange County Circuit Clerk's Office does not keep or disseminate the wills of living persons. Such documents are private and can only be disclosed by their owners.

Orange County Family Court Case Search

Searching for a family court case in Orange County is easy. Generally, anyone can look up a local family court case, provided the records are not sealed or deemed confidential.

Members of the public can navigate to the Orange County Circuit Clerk's my eClerk site and search with at least a litigant's name or case number. However, although users can view case information and docket entries, they cannot obtain case documents unless they qualify for registered user status or visit the courthouse to request viewing.

One can also send a record request by mail (including basic details to enable record retrieval) or complete and submit the Clerk's Online Record Request Form. Photocopies cost $1 per page, and certification costs $2 per document.