1-561-514-0900 FREE CONSULTATION
News & Resources

In Florida Probate Litigation, Can a Will Be Sealed?

Uncategorized • Mar 29, 2016
post about In Florida Probate Litigation, Can a Will Be Sealed?

Are Florida wills public record? Do you think you have a good reason to seal information in your Florida will? Is it easy to seal the contents of a Florida estate?

A Will is Not Always Public Record.

  • In Florida, when a will is filed for probate, it is usually accessible to the public.
  • What does this mean?
  • It means that you should be able to obtain a copy of the will from the Florida probate court where the will was filed.
  • What if the will was never filed for probate with the Florida court?
  • It is not public record and restrictions, as indicated by provisions of the Florida Probate Code, apply regarding who can have access to the will.
  • What if a person’s will has been filed for probate but they want it to be sealed?
  • In some rare cases, predominately cases involving celebrities, Florida probate court files can be sealed.
  • However, this is a very difficult task that requires assistance from an estate probate attorney.
  • Check out this recent Alabama probate case involving Harper Lee, author of To Kill A Mocking Bird, to learn more.

Author of To Kill A Mocking Bird, Harper Lee, Leaves Her Estate to…

  • What type of estate does the writer of one of the most cherished books of all time hold?
  • Should the world be entitled to know?
  • Earlier this month, a probate judge in Alabama granted a motion to seal the contents of Ms. Lee’s will.
  • The court found “by clear and convincing evidence that information contained in the will and associated court filings pertains to wholly private family matters; poses a serious threat of harassment, exploitation, physical intrusion, or other particularized harm to persons identified in those documents or otherwise entitled to notice of this proceeding; and poses potential harm to third persons not entitled to notice of this proceeding.”

Check out the New York Times article about Harper Lee’s case by clicking here.

Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorney’s fees, & trust law.