Hillsborough County, Florida Probate Court Records

In Florida's Hillsborough County, probate is the legal process of administering a deceased person's estate, specifically distributing the decedent's property to the rightful heirs. This process is supervised and performed by a specialized court known as the probate court. The Hillsborough County Probate Court, per Title XLII (Estates and Trusts) and Chapter 733 (Probate Code: Administration of Estates) of the Florida Statutes, is the circuit court system that manages the legal process of administering a deceased person's estate within its jurisdiction. It serves as a supervised system for guardianships, trusts, and estates, making sure assets are collected, debts are settled, and remaining property is distributed to heirs.

Hillsborough Probate Court records are documents created and maintained at the probate department of the Hillsborough Circuit Court. These records document every probate procedure handled by a particular probate court. Some examples of these probate court records include:

• Wills.
• Estate asset records.
• Estate accounting records.
• Estate administration documents.
• Creditor claims and settlement documents.
• Letter of testamentary
• Records on the appointment and resignation of personal representatives and successors.

Public Access to Probate Court Records in Hillsborough County

Under Florida's Sunshine Law and the Rules on Access to Judicial Records (Rule 2.420), Hillsborough County probate court records are public documents. However, while Probate records in Hillsborough are accessible to the public, there are some restrictions. For instance, the public probate records do not contain specific details, such as Social Security numbers, bank account numbers, or the deceased's medical or psychological records. Additionally, only a personal representative, or an individual with a court order as defined by Florida probate statutes, may examine confidential inventory and accountings submitted in probate estates.

Methods for Searching Hillsborough County Probate Court Records

Anyone can search for Hillsborough County probate records online via the portal provided by the Hillsborough County Clerk of the Circuit Court, 13th Judicial Circuit, or in person by visiting the Hillsborough County court records management department to request a search. Individuals visiting the court in person can also use the public access terminals in the courthouse lobby to search for public probate records. Regardless of the method used to search for probate records, requesters must provide the probate record's case number, case title, and filing date to initiate a search.

People can also access and download spreadsheets and electronic documents for daily probate case filings via the clerk's portal.

How to Find Hillsborough County Probate Cases Online for Free

Anyone can access Hillsborough County probate cases online for free by submitting a public records request through the Hillsborough online court records portal. Searches can be initiated on the portal by inputting:

• The probate case number.
• Name of a business or a person listed as necessary to the probate case.
• Date when the probate case was filed.

Searchers can also view and print non-certified copies of Hillsborough County Court documents at no charge by completing the court's online e-form.

Accessing Hillsborough County Probate Court Records in Person

In-person visits to the office of the clerk of the circuit court and comptroller are one option for accessing probate court records in Hillsborough County. It is recommended that individuals schedule an appointment with the office before visiting, either by calling the department or using the clerk's online scheduling portal. While at the office, requesters will be guided by on-duty staff on how to complete a public records request for the probate documents that they need. The request process requires providing office staff with information such as the deceased's name, the probate case number, the name of any petitioner, and the date the probate procedure was initiated. This information can be used to locate the specific probate records needed. Visitors will also be required to pay a search fee and photocopying costs.

Requesting Hillsborough County Probate Court Records by Mail

Record seekers who want to use the option of requesting the Harford County probate court records by mail can do so by following these steps:

• Download and complete the Hillsborough County civil case request form. Individuals can alternatively create and submit a written request using the form as a guide. The application should include the probate case number, the case filing date, the name of the record's subject, and the name of an attorney or petitioner in the case.
• Put the request form in a self-addressed envelope. Visitors will also need to include a copy of the requester's valid ID and the request fee, payable by money order or check. Cash payments for mail requests are not allowed
• The mail request envelope should be sent to the following address:

Hillsborough County Probate Court Record Access Methods

Applicable Fees for Hillsborough County Probate Court Record Requests

Generally, the fees for requesting probate court documents in Hillsborough County depend on the method of submission, the number of documents needed, and whether the record has been archived. The charges typically cover the cost of searching for and retrieving the record, certifying the document, and making multiple copies. Online requests cost less than mail or in-person requests because the requester interacts directly with the records database. A detailed probate cost application fee schedule for obtaining probate court records is available on the county clerk's website.

Understanding the Parties Involved in Probate Cases

Probate cases handled by the probate court in Hillsborough usually involve individuals or companies tasked with different aspects of the probate procedure. These parties are either court-appointed, named by the decedent, or have legal connections to the deceased and given legal positions in the probate matter. While these parties fulfill their legal responsibilities, probate records are created to document each process. These obligations undertaken by the parties could provide greater insight into the significance of each probate record. Some of the parties involved in a probate case include:

• Beneficiaries or heirs: The people who will ultimately receive the assets of the deceased, and they may include friends or family. They are either named in the will or specified by state law if there is no will.
• Estate Administrator: The position of estate administrator is essential since it involves managing the daily tasks involved in settling the estate, such as gathering and handling the deceased's belongings, settling debts, and getting ready to distribute assets to the beneficiaries
• Probate attorney: The attorney reviews the documents and provides the judge with information before the hearing. The estate pays the probate attorney, who represents the estate before the court and the judge.
• Creditors: Individuals or companies owed by the deceased. A list of creditors can be found within the documents of claims against the deceased estate, and a special probate document called the “list of interested persons”.

Legal Purpose and Importance of Probate Court Records in the County

The primary purpose of probate records is to document the probate process and ensure transparency by tracking the transfer of property to the heirs and creditors of a decedent's estate. Probate documents and related documentation ensure that every asset is accounted for and transferred to the right person. Probate fraud can be detected through accounting records, and any legal injustice or dispute during the process can be resolved upon discovery.

Additionally, older and archived probate records are essential for genealogical research by students and for legal research by attorneys. They also serve as tools to educate the public on the state Intestate Succession laws.

Differences Between Wills, Estates, and Other Probate Filings

The probate process in Hillsborough County produces various probate documents. Each document has its specific function within the probate system. Hence, these documents differ in the information they contain, who can access them, and how attorneys and other parties use them in a probate process. The following are some examples of records produced by probate courts in Hillsborough County.

• Hillsborough Wills (last testaments): Wills are vital documents that specify how a person wants their money, belongings, and property distributed after their death. Wills are unique probate records because they are the sole documents that include the deceased's full wishes.
• Estate inventories and accountings - Inventory and accounting escorts contain lists of all the decedents' properties, values of the decedents' assets/liabilities, and information about claims against the estate. Account records are unique probate records because they are the only documents that capture all financial aspects of the probate process.
• Guardianship or conservatorship records: Guardianship and Conservatorship records are court orders that legally acknowledge and certify an individual's status as a guardian or conservator. Guardians and conservators have special privileges to make decisions regarding a deceased person's estate.
• Petitions and motions filed during probate: Petitions are filed to initiate probate and to present legal arguments to the court. The information in probate Petitions and motions reveals the basis of every probate dispute and identifies which party files them.