(1) The clerk of the circuit shall record all wills and codicils admitted to probate, orders revoking the probate of any wills and codicils, letters of administration, orders affecting or describing real property, final orders, orders of final discharge, and orders of guardianship filed in the clerk’s office. No other petitions, pleadings, papers, or other orders relating to probate matters shall be recorded except on the written direction of the court. The direction may be by incorporation in the order of the words “To be recorded,” or words to that effect. Failure to record an order or a judgment shall not affect its validity.
(2) The clerk shall record all instruments under this section in Official Records and index them in the same manner as prescribed in s. 28.222.
(3) All records of a court of this state heretofore exercising probate jurisdiction shall be placed, and remain, in the custody of the clerk and shall be the records of the circuit court. The circuit court may exercise judicial cognizance and power over them as it may over its own records.
(4) Certified transcripts of the whole or any part of probate or administration proceedings in any court of this state or of any foreign state or country may be recorded. If the certified copy is not a part of a pending probate proceeding in the court, the person causing it to be recorded shall pay the costs of recordation.
(5) The recording of any instrument required or permitted to be recorded under this section in a pending probate or administration proceeding in the county shall be included in the fees prescribed in s. 28.2401.
History.—s. 2, ch. 74-106; s. 1, ch. 77-174; s. 161, ch. 95-147; s. 20, ch. 95-401.
Structure Florida Statutes
Chapter 28 - Clerks of the Circuit Courts
28.01 - Bond of Circuit Court Clerks; Small Counties.
28.02 - Bond of Circuit Court Clerks; Large Counties.
28.03 - Obligation of Sureties.
28.04 - Justification of Sureties.
28.06 - Power of Clerk to Appoint Deputies.
28.101 - Petitions and Records of Dissolution of Marriage; Additional Charges.
28.12 - Clerk of the Board of County Commissioners.
28.13 - Papers and Electronic Filings.
28.14 - Records, Judgments, Orders, and Decrees Prior to Circuit Courts.
28.15 - Records From Superior Courts.
28.16 - Certain Records From Prior County Courts.
28.211 - Clerk to Keep Docket.
28.212 - Minutes of Court Proceedings.
28.213 - Disposal of Physical Evidence Filed as Exhibits.
28.222 - Clerk to Be County Recorder.
28.22205 - Electronic Filing Process.
28.2221 - Electronic Access to Official Records.
28.2222 - Public Records Capital Improvement Plan.
28.223 - Probate Records; Recordation.
28.231 - Service Charges by Clerks of Courts.
28.235 - Advance Payments by Clerk of Circuit Court.
28.2401 - Service Charges and Filing Fees in Probate Matters.
28.2402 - Cost Recovery; Use of the Circuit Court for Ordinance or Special Law Violations.
28.2405 - Comprehensive Case Information System.
28.241 - Filing Fees for Trial and Appellate Proceedings.
28.242 - Service Charges Retained When Case Laid in Wrong Venue.
28.243 - Personal Liability for Accepting Checks.
28.245 - Transmittal of Funds to Department of Revenue; Uniform Remittance Form Required.
28.2457 - Mandatory Monetary Assessments.
28.29 - Recording of Orders and Judgments.
28.30 - Records; Destruction; Reproduction; Electronic Recordkeeping.
28.31 - Notice to County Commissioners of Intent to Destroy; Approval of Board.
28.32 - Destruction of Certain Instruments.
28.33 - Investment of County Funds by the Clerk of the Circuit Court.
28.34 - Salary Discrimination Based on Gender or Race; Review Within the County and Circuit Courts.
28.345 - State Access to Records; Exemption From Court-Related Fees and Charges.
28.35 - Florida Clerks of Court Operations Corporation.
28.37 - Fines, Fees, Service Charges, and Costs Remitted to the State.
28.42 - Manual of Filing Fees, Charges, Costs, and Fines; Payment Plan Form.
28.44 - Clerk Discontinuance of Court-Related Functions.
28.45 - Provision of Financial Data to Executive Office of the Governor.