Pinellas County Probate Records

Probate is a court-supervised legal process for transferring a deceased person's assets to the rightful heirs or beneficiaries. In Pinellas County (part of Florida's Sixth Judicial Circuit), this process ensures that any debts or taxes are paid and the remaining assets are distributed either according to the decedent's will or, if no valid will exists, under Florida's intestacy laws. Florida's statutes outline the probate process in detail. For example, Florida Statute § 732.901 requires anyone holding an original will to deposit it with the Clerk of the court in the county of the decedent's residence (i.e., Pinellas County for local decedents) within 10 days of learning of the death. This ensures the will is on file even before a full probate case begins.

Florida law provides for three main types of probate administration, depending on the circumstances.

• Formal Administration – the standard process for estates valued over $75,000 (excluding exempt assets) or whenever required;
• Summary Administration – an expedited process available for smaller estates (valued at $75,000 or less) or if the decedent has been dead for more than two years and
• Disposition Without Administration – a rare procedure for certain minimal estates with no real property, often used to reimburse final expenses. In Pinellas County, a formal administration typically involves appointing a personal representative (executor) to manage the estate, notify creditors, file an inventory, and obtain a court order to distribute the assets.

All probate proceedings in Florida are governed by the Florida Probate Code (Title XLII, Chapters 731–735, Florida Statutes) and the Florida Probate Rules, which apply uniformly, including in Pinellas County. Key statutes in these chapters cover everything from opening the estate to creditor notice requirements and closing the estate. For instance, Florida Statute § 733.701 sets the creditor claim period, and § 733.604 requires filing an inventory (which is kept confidential, as discussed later). Along with other Pinellas County court records, the probate records generated during probate proceedings are essential for upholding justice following the demise of a testator.

Are Probate Records Public?

Florida has robust public records laws, and court records are generally open to public inspection. Probate court records in Pinellas County are no exception – anyone can search and view most probate filings. However, there are important exceptions to protect sensitive information governed by Florida statutes and court rules.

Under Florida law, certain documents in probate cases are automatically deemed confidential and are exempt from public disclosure. Florida Rule of General Practice and Judicial Administration 2.420(d)(1) lists 23 confidential information categories in court records. These include things like Social Security numbers, bank account numbers, medical records, and specific to probate: "Estate Inventories and Accountings". In other words, any inventory of the decedent's assets or any accounting filed in an estate case is confidential and must be shielded from public access. This rule implements Florida Statutes such as § 733.604, which explicitly exempts estate inventories and accountings from the public records law. This confidentiality is designed to keep the financial details of an estate (like asset values, account numbers, etc.) private while still allowing oversight by the interested persons and the court.

Aside from inventories and accountings, most other probate documents are public. For example, wills, petitions, and orders are generally open for viewing. However, even publicly viewable documents may contain sensitive data that gets redacted. Florida's rules require filers (attorneys and parties) to omit or redact personal identifying information. It's common to see that Social Security numbers or bank account numbers in filings are truncated or blacked out by the Clerk. Clerks used to be responsible for redacting confidential info, but as of 2021, the rules shifted more responsibility to filers to identify confidential info in civil and probate filings. The Pinellas Clerk's Office still reviews probate filings to ensure compliance with confidentiality rules for certain case types (probate, family, juvenile, etc.).

What is Probate Court in Pinellas County?

In Pinellas County, the probate court is a division of the Pinellas County Circuit Court that oversees estate cases. A judge reviews and rules on the petitions filed (such as petitions to admit a will to probate or to appoint a personal representative) and issues orders to ensure the estate is properly administered. The court's responsibility is to safeguard the decedent's wishes (as expressed in a will) or Florida's succession laws, protect the rights of beneficiaries and creditors and resolve any disputes that may arise during the estate administration.

The Pinellas County Clerk of the Circuit Court & Comptroller serves as the official record-keeper for probate cases. The Clerk's Probate Department maintains all filings and documents in estate cases, from the initial petition to the final order. In fact, the Clerk is the custodian of any will deposited with the court and all documents filed in the probate proceeding. When a new estate case is opened, the Clerk assigns a case number, indexes the case parties (decedent, personal representative, etc.), and dockets each document as it is filed. The Clerk's office in Pinellas also handles related matters like guardianships and mental health cases, but in the context of probate, they specifically accept wills for safekeeping, process new probate cases, and keep the case record updated. The Clerk ensures that the probate records are available for public inspection (except for confidential items) and issues certified copies of documents upon request.

It is also the Clerk's duty to maintain the integrity of the court file—each petition, notice, order, and judgment is stored (nowadays electronically scanned) in the case docket.

In Pinellas County, inquirers may contact the Probate Court Records section of the Clerk's office at their Clearwater Courthouse location:

315 Court Street,
Room 106,
Clearwater, FL 33756
Phone: (727) 464-3321

For in-person record services, other branch locations (North County Branch in Clearwater and St. Petersburg Branch) can also assist with accessing court records.

Probate Court Case Lookup

Persons seeking to access probate records in Pinellas County may utilize the Clerk's office in-person services at multiple locations or the online tools and mail/email request options for obtaining copies. The steps for any of these processes are as follows:

In-Person Viewing

Interested persons may visit any Pinellas County Clerk of Court location that houses court records (such as the Clearwater Courthouse or the St. Petersburg branch) and use their public access terminals to view probate case records. At the courthouse, inquirers may look up the case by name or number on the public computers. Images of probate documents are available at these terminals, and staff can assist with navigating the system.

Viewing at the courthouse is generally free. However, those seeking paper copies can request that the Clerk's staff print them. There is a statutory fee of $1.00 per page for copies of court records. For a certified copy (an official copy with a certification stamp for legal purposes), an additional certification fee (typically $2.00 per document) will apply. The Clerk's Probate Court Records department is the primary location for in-person requests, but smaller service centers can assist as well.

Online Viewing (Registered User Access):

As mentioned, inquirers cannot directly view Probate case document images on the public website without registration. However, Pinellas County provides a secure online portal for court records. Record seekers must create a Registered User account with the Clerk to use it for probate cases. Registration is free but involves submitting a notarized User Agreement form to the Clerk's office.

Once approved, record seekers can log in to the Court Records Registered User portal and view probate documents from their computer. The registered user site has the same search functionality as the public view. Still, it will display images of documents for Probate and Family cases (except for those documents that are confidential or sealed). Keep in mind that even with an account, any confidential filings (like inventories or sealed court orders) will not be viewable unless authorized – the system will simply indicate such items exist, but users will need to request them in person with proper authorization if needed.

Online Copy Requests

Interested persons may also request copies of probate documents online or by mail. The Pinellas Clerk's office has an Online Copy Request Center where inquirers can submit a request for specific documents and cases. The record seeker will need to provide the case number or party name and details of the record being sought, and the Clerk will respond with a cost quote. They can then pay the fees (online by credit card) and receive the copies by mail or possibly electronically. The fee is typically $1.00 per page for regular copies.

Alternatively, send a written request by mail to the Clerk's office (at 315 Court Street, Clearwater, FL 33756), including the names of the parties or case number, the documents, and a self-addressed stamped envelope. The Clerk will follow up with the copying cost if not prepaid.

How to Find Probate Records Online Free

Pinellas County's Clerk of Court provides a free online portal where the public can search and view many court records, including probate case information.

To access probate records online, start at the official website of the Pinellas County Clerk of Court and navigate to the "Court Records View" section. This online records portal (often called Odyssey or Court Records View) is a free service for searching court cases. On the portal's main page, there are options to search different case types – choose "Probate Case Records" to focus on probate cases. Users do not need an account to perform a basic search and see general case information (this is the Public View).

Third-party aggregate sites also provide limited access to public records including public probate case information. However, only basic details of the case may be divulged following a free search. For extensive case information, users may have to pay a nominal fee.

How Long Does Probate Take in Florida?

The duration of a probate case in Pinellas County (or anywhere in Florida) can vary widely. It depends on the type of proceeding and the complexity of the estate. Here's a general timeline of probate in Florida and factors that influence how long it takes:

• Summary Administration Timeline: For eligible small estates, Florida offers summary administration, which is much faster than formal probate. In an uncontested summary administration (where all beneficiaries are in agreement and the paperwork is in order), the process can often be completed in around 6 to 8 weeks. Essentially, once the petition for summary administration is filed, the court will review it. If everything is satisfactory (death certificate, will, if any, list of assets and beneficiaries, etc.), the judge will enter an order distributing the assets. The key factor here is that there's no lengthy creditor period or ongoing Administration — assets are distributed more or less immediately by court order. Summary administration works only if the estate's non-exempt assets are under $75,000 or the decedent has been dead for over 2 years (so creditors are barred), and there are no complications like multiple creditors or lawsuits. If those conditions are met, it's realistic to expect the estate to wrap up in a month or two.
• Formal Administration Timeline: A formal probate (the full process required for larger or more complex estates) typically takes longer. In a straightforward formal administration (no disputes, cooperative beneficiaries), this timeline might apply: 4–6 weeks to get the Personal Representative (PR) appointed by the court, and then a total of about 6 to 12 months to administer and close the estate fully. Several built-in periods affect this timeline. One major factor is the creditor claim period: once Notice to Creditors is published in a formal administration, creditors have 90 days to file claims (30 days if they were directly served with the notice). This means the estate generally cannot close until at least that period passes and all claims are resolved. Additionally, the PR must gather assets, possibly sell property, pay taxes, etc., which can take time. Many estates in Florida remain open for roughly a year to accommodate these tasks. The Pinellas probate court will typically require a final accounting or report before discharge if the Administration takes more than 12 months, ensuring things are on track.

Numerous factors can prolong a probate. If beneficiaries argue or someone files a will contest or objection, the case can drag on much longer. Litigation (e.g., a will challenge, a lawsuit against the estate, or fighting over an executor's actions) can add many months or even years. Estates that involve a wrongful death lawsuit or other pending litigation may need to stay open until that external case is resolved – for example, if the decedent died in an accident and the estate is suing for damages, the probate might not close until that lawsuit concludes and any proceeds are collected and distributed, which could be several years. Tax issues can also add time; a taxable estate (over the federal estate tax exemption) might require filing an estate tax return and obtaining IRS clearance, which takes time even if no tax is ultimately due. Real estate sales or dealing with property in another state (ancillary probate) are other common delays. If the decedent owned property out of Florida, an ancillary probate in that other jurisdiction might be needed and can slow the final wrapping up of the Florida probate.

Even the simplest formal probate cannot be done instantly. Florida law sets some minimum periods: for instance, as noted, creditors get up to 3 months to make claims, and known creditors must be dealt with. Also, Florida requires that an estate remain open for a certain period to allow all interested parties to be notified and raise any issues. Therefore, a formal administration will rarely, if ever, close in under about 5-6 months and more commonly, around 9 months to a year for uncomplicated cases. Summary administration, in contrast, has no creditor period (since either creditors are all paid or the estate is too small/old for claims), so it can conclude as soon as the court processes the paperwork.

To put it all together, simple estates (perhaps a couple bank accounts and a house, with a willing family) might be done in ~6-9 months (formal) or ~2 months (summary). Average estates often take about a year. Complicated or contested estates can easily run 1-2 years or more. In some extreme cases with heated litigation or very complex assets, probate can stretch several years (some estates remain open for 5+ years, though that is uncommon). According to legal guides, it is safe to say probate "usually takes at least six months and generally closer to 18 months", with unique cases taking longer.

Are Wills Public Record?

Yes. In Florida, once a person passes away and their will is filed with the probate court, it generally becomes part of the public record. Florida Statutes §732.901 and related probate provisions primarily govern this requirement and process.

How to Find Out If Someone Has a Will

If there is cause to believe that a deceased person's will was filed in Pinellas County, there are straightforward ways to verify it. Under Florida law, the person with the original will (often an attorney or family member) must deposit it with the Clerk of Court in the county where the decedent lived. In Pinellas, the Clerk's office receives these wills (even if no probate case is opened yet) and holds them on record. Here's how to check for a will:

• Search the Probate Case Index: The first step is to search the Pinellas County court records by the decedent's name. Inquirers can use the online Court Records Public View search for this. If a probate case has been opened for the estate, the decedent's name will appear as a party in the case, and the case type might be listed as "Estate" or "Probate". Simply finding an estate case for the person is a strong indication that a will was filed (especially if the case is a formal administration, since a will would be needed to appoint the personal representative named in it, unless the case is intestate). The docket entries within that case (even on the public index) will often list "Last Will and Testament – Filed" or similar, confirming that the will is indeed in the court file.
• Check for a "Will on Deposit": If the person died but no probate administration case was opened yet, the will might still be on file with the Clerk. In Florida, just depositing a will doesn't automatically start a probate case; it may simply be indexed with a miscellaneous "will deposit" number. Pinellas County Clerk's records system will reflect such a deposit. When searching by the decedent's name, the requester might find a record or reference number indicating a will has been filed. For example, some counties label these as "Deposited Will of [Name]". In Pinellas, if after finding a case that's just for the will deposit, contact the Probate Clerk to obtain a copy of the will. According to Florida probate attorneys, the Clerk will provide a "will file" number when a will is deposited, and anyone can request a copy for a small fee. So even without a full probate, the will itself is a public record upon deposit.
• Contact the Clerk's Office: If online searches are not yielding clear results (for example, very recent deaths might not be indexed immediately), call the Pinellas Clerk's Probate Department ((727) 464-3321) and inquire if a will for [Person's Name, Date of Death] has been deposited. The staff can check their records. However, inquirers may need to visit in person or submit a copy request to actually read the will, but at least they'll know if it exists on file.

A will is only deposited after the person's death. Florida law (and Pinellas Clerk) does not keep living people's wills on record – there is no pre-death will registry with the Clerk. Also, if the decedent had no will nothing will be on file in this regard. The case would proceed as an intestate estate if assets need to be probated in that scenario. If no will or an estate case is found, and one is expected, it could mean no one has filed it yet. In such cases, Florida Statute § 732.901 allows interested persons to compel production of a will.

Pinellas County Family Court Case Search

In addition to probate records, the Pinellas County Clerk's office also maintains family court records, which cover different case types but have some parallels in access rules. The Family Division of the Circuit Courtin Pinellas handles a variety of cases related to domestic relations and related matters.

Regarding access to family court records, Florida's approach is similar to probate in that most family court filings (except the ones deemed confidential by law) are public records, but there are added privacy considerations. Many family cases contain sensitive personal information (financial info, allegations of abuse, social security numbers, etc.). Under Rule 2.420 and other laws, certain information is automatically confidential in family files — for example, Social Security numbers, bank accounts, juvenile identities, victim addresses, and adoption info. The Clerk redacts such details from any files that the public might view.

The process for accessing Pinellas County family court records is the same as that for probate records. Visit the courthouse and ask to view a family case file. Divorce and other family files are open records (aside from those exceptions like adoption or dependency). The Clerk will allow inquirers to view the file on a public terminal or provide copies for $1/page. Online, the requester must log in as a registered user to see any document images for family cases.

When requesting family court records, it's helpful to have the case number (format for family cases in Pinellas might be 21-xxxxx-FD for a divorce, for example) or at least the parties' names and year of filing.