Personal and financial records are usually one of the starting points for any litigation in the Florida Probate courts. However, it’s also the type of information that most people would hope to keep private.
- When a family member or friend dies with a will, your Florida probate attorney will open a probate case.
- During the probate proceedings, whether it be in Delray Beach or Boca Raton, the court determines the validity of the will and then proceeds with the administration of the Florida estate.
- The documents that must be submitted to the Florida probate court in order for there to be a full and efficient administration of the estate will often contain both personal and financial information of both the decedent, and the beneficiaries.
- However, once those documents are submitted to the Florida probate courts, they become public records.
- The means, of course, that others will be able to look up the specific case and learn more about the personal and financial information of the individuals involved.
However, there are methods for minimizing the amount of personal information that appears in these public records. Under what is referred to as Florida Rule of Judicial Administration 2.420, a party to a probate proceeding can file a motion to seal trial court records, or a “Motion to Determine Confidentiality of Court Records.”
As any Boco Raton Probate attorney knows, with this motion, the court will consider your reasons for requesting information be kept private and will also consider all of the relevant confidential information submitted in the court documents. If the judge of the Florida Probate court determines there to be good cause for keeping your information confidential, he will order the records sealed or redacted so that the public will be unable to access the private information.
See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Trust Law, Estate Planning, and Estate Administration in Florida.