Getting Copies of Probate Documents in Hernando County

Access Probate Court Records Online

Silhouette of trees at sunset, Oyster Bar, Pine Island, Hernando County, Florida, USA
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A common question that I'm asked as an estate planning attorney is how to obtain a copy of a deceased person's last will and testament or other probate court filings. Because probate records are public court records that anyone can read, if a will has been filed for probate then you should be able to obtain a copy of it. And with modern technology comes the ability to locate information about a deceased person's estate online, and in most cases for absolutely free.

But while you may not be able to view copies of the actual will and other documents that have been filed with the probate court for free (many courts have started charging for the ability to view documents), at the very least you will be able to see a list of the documents that have been filed, who has been named as the executor of the estate, which attorney the executor has hired, and the name of the judge presiding over the case. Some courts even list the names of all of the beneficiaries of the estate. This will then give you the ability to request copies of the will and any other documents you are interested in viewing from the probate clerk's office, or you can try contacting the executor or the executor's attorney for additional information.

How to Find Out Where a Probate Estate Has Been Filed

One side note - how do you determine the appropriate probate court where an estate is being, or has been, probated?

An estate is probated in the county where the deceased person lived at the time of his or her death, or, in some cases, the county where the deceased person owned real estate. Use the following website to locate the correct name of the county by plugging in the name of the city where the deceased person lived or owned real estate: City - County Search.

How to Request Copies of Probate Court Documents

Once you have located the appropriate county, an online search can be done for that county's probate court or probate court dockets. This can be tricky because in some states the probate court is not actually called the probate court, it could be referred to as the "circuit court," "surrogate's court," "orphan's court," or any other number of courts. But be persistent - since probate occurs in each and every county across the country, chances are you will be able to locate the appropriate court's online information.

Once you have located the appropriate county, usually the steps involved in obtaining a copy of a will or other probate document directly from the probate court will include the following:

  1. Appearing in person and asking for a copy of the will or another probate document, or making a written request by fax or mail if applying in person is not feasible.
  2. Paying a copying fee for the number of pages that the will or another probate document contains. These fees usually range from $1.00 to a few dollars per page.
  3. Providing a self-addressed, stamped envelope for mailing the copies if the request is not made in person.

How to View the Online Probate Dockets for Estates Probated in Brooksville, Hernando County, Florida

If the estate you are interested in is being probated in the Hernando County Circuit Court located in Brooksville, Florida, then follow the links and instructions provided below to view the Hernando County probate court dockets online.

Other cities located in Hernando County include Brookridge, Spring Hill, Timber Pines, and Weeki Wachi.

  1. Click on the following link for the website for the Hernando County, Florida Clerk's website: Don Barbee Jr., Hernando County Clerk of Circuit Court & Comptroller.
  2. In the middle of the page, click on Case Search.
  3. Enter the decedent's name as indicated and then click on "Search."
  4. Once you locate the link to your probate case, check the box next to the name and click on "View Selection." You will then see the name of personal representative(s) and judge assigned to the matter. You can also click on the various links to view the following information: Finance Info (= court fees paid) and Docket Info (= complete probate docket by date).

Once you locate the documents you want to have copied, you can go back to the county clerk's home page.

In the upper right corner, click on the tabs marked Office Directory and Contact Us to access all of the contact information for the clerk's office. You can then visit the clerk's office in person or give them a call to determine the procedure for obtaining the copies and the costs involved.