Polk County Probate Records

Following a Polk County resident's death, probate proceedings may be initiated to oversee the distribution of their assets. Probate is a legal process overseen by a court that ensures a decedent's assets are appropriately distributed among their heirs, beneficiaries, and other eligible persons and entities after their debts (if any) are paid. These processes typically involve will execution and estate administration and are documented in Polk County probate records.

A common type of probate record is a will, a legal document that details how a person wants to distribute or dispose of their assets after death. The content of a will is legally binding once properly filed. As a result, these types of probate records may be sought out to verify inheritance claims and resolve distribution disputes concerning the distribution of a decedent's assets amongst their beneficiaries and heirs. In Polk County, the Circuit Court has jurisdiction over probate cases. The court clerk's office is also tasked with maintaining all Polk County court records, including probate documents.

Are Probate Records Public?

Yes. Polk County probate records are predominantly public under Florida's Sunshine Law. As a result, members of the general public are allowed access to probate records through the official custodian, the Polk County Clerk of Circuit Court and Comptroller's Office, and other relevant sources.

However, specific statutory exemptions can limit public access to probate records. For instance, certain federal or state laws may exempt probate records from disclosure, and those protected by court order are also inaccessible to the general public. Additionally, sensitive personal information, such as an individual's social security number, bank account, and home address, is typically redacted from public probate records.

What is Probate Court in Polk County?

Polk County Circuit Court, Florida's 10th Judicial Circuit, Probate Division, handles probate proceedings in Polk County. These include probate of wills and equitable administration of estates and trusts. The probate division also oversees guardianships, conservatorships, and mental health commitments. Polk County Circuit Court has three courthouses located across the county. The physical address and contact information of these courthouses are as follows:

Polk County Circuit Court Bartow Branch
Polk County Courthouse
255 North Broadway Avenue,
Bartow, FL 33830
Phone: (863) 534-4000

Polk County Circuit Court Lakeland Branch
Polk County Government Center
930 East Parker Street, Room 240,
Lakeland, FL 33801
Phone: (863) 534-4000

Polk County Circuit Court Northeast Branch
Northeast Branch Polk Government Center
200 Government Center Blvd.,
Lake Alfred, FL 33850
Phone: (863) 534-4000

Probate Court Case Lookup

In Polk County, interested persons can search and access public probate court case records through the County Clerk of the Circuit Court and Comptroller in person or online. To facilitate a probate court case lookup through any means, record seekers must provide certain information about the sought-after case, such as the uniform case number (UCN), case party name or business name, or case filing date.

Record seekers can look up a probate court case in person by visiting the specific Circuit Courthouse where the case was handled during regular office hours (8 am to 4:30 pm) to make an in-person request for case records. As previously mentioned, Polk County has three Circuit Courthouses: Bartow, Lakeland, and Northeast Branch. On the other hand, record seekers can look up probate court cases online through the Court Records Search portal provided by the Polk County Clerk of the Circuit Court.

Record seekers can also request probate court case records by drafting a written request and mailing or emailing it to the Polk County Clerk of the Circuit Court at:

Records Custodian
P.O. Box 9000, Drawer CC-18
Bartow, FL 33831-9000
Email: clerkrecords@polk-county.net

Requests for physical copies of probate court case records are subject to certain fees. Depending on the request method, accepted payment methods may include credit card, cash, money order, or check made payable to the Polk County Clerk of Courts. American Express, Apple Pay, Discover, Google Pay, MasterCard, Samsung Pay, and Visa are the only acceptable types of credit cards. Furthermore, credit card transactions are subject to a service charge.

How to Find Probate Records Online Free

Polk County probate records are accessible online for free through the Polk County Clerk of the Circuit Court's Record Search portal. Users can conduct a probate record search on the portal by selecting "probate" under the court type option and supplying a case's Uniform Case Number (UCN), party name, or filing date as search criteria. Note that users can only view a probate case's docket entries, party details, hearing details, financial data, and disposition information through the Record Search Portal.

The Polk County Clerk of the Circuit Court also provides an Official Record Search portal interested persons can use to search for and view court documents connected to a probate case for free. The portal is searchable by party name, document type, file number, or book/page number.

Alternatively, record seekers can find public Polk County probate records online for free through third-party aggregator websites that provide online court records search services. These websites maintain private databases containing public records, including probate records, retrieved from official custodians. Users can search these databases by entering a case number or party name into the search tool featured on these websites. Access to probate records through these websites is usually not entirely free. Most third-party aggregator websites may allow users to access basic information about probate cases for free, while access to detailed information is usually subject to a fee.

How Long Does Probate Take in Florida?

In Florida, a probate process can take three (3) months to several years to finalize. This timeline typically varies based on numerous factors, such as the type of probate, claims against the decedent's estate, and will contestation. For instance, Florida has two probate processes: summary and formal. Summary probates are faster compared to formal probate. However, summary probates only apply when the decedent's estate is under $75,000 in value and there are no creditors. Meanwhile, formal probate is more common and requires full supervision from the probate court.

Are Wills Public Record?

Yes. After the testator's (writer of the will) death and their will is deposited with a probate court to initiate probate, it becomes a matter of public record and is accessible to the general public. Nonetheless, certain details that a will contain are considered confidential and remain protected from being accessible to the general public. These include and are not limited to official inventories and accountings filed in estates, medical information concerning fetal death records, paternity, marital status, and the decedent's cause of death.

How to Find Out If Someone Has a Will

Interested parties can find out if someone has a will through the Probate Court in the county where the testator (the writer of the will) resides. In Florida, a will is typically filed with a Probate Court following the testator's death, after which it becomes a public record. For instance, inquirers can visit or contact the Polk County Clerk of the Circuit Court or use the Official Record Search portal to search for a will, provided it was recorded with Polk County Probate Court.

Original wills may also be kept among the testator's personal belongings. Hence, inquirers can find a will by searching the testator's home, safe deposit box, storage unit, personal computer, or other places where they store their personal documents. Most testators also usually give their estate attorney their will for safekeeping. As a result, inquirers can also query such attorneys to find out if someone has will.

Polk County Family Court Case Search

In Polk County, the Circuit Courts and County Courts have shared jurisdiction over family law cases. Circuit Courts have jurisdiction over divorce proceedings, child custody hearings, and child support cases. Meanwhile, the County Courts handle uncontested divorce and civil dissolution cases. The Polk County Clerk of the Circuit Court is the record custodian of both courts. Therefore, record seekers can search for family court case records online or in person through the County Clerk of the Circuit Court. Record seekers can use the Record Search portal to conduct case searches online. On the other hand, interested persons can visit the courthouse where the sought-after family case was heard to search for the case's court records in person.