Florida Statute 28.223 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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F.S. 28.223

28.223 Probate records; recordation.—

(1) The clerk of the circuit shall record all wills and codicils admitted to probate, orders admitting the will to probate, orders determining beneficiaries, 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 in the order 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; s. 1, ch. 2024-238.

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Amendments to 28.223

Arrestable Offenses / Crimes under Fla. Stat. 28.223

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 28.223.

Annotations, Discussions, Cases:

Cases Citing Statute 28.223

Total Results: 11

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-03-20

Snippet: court to record death certificates.6 Pursuant to s. 28.223, F.S., the clerk of court is required to record

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Court: Florida Attorney General Reports | Date Filed: 1991-10-04

Snippet: criminal judgments described by statute. See also, s. 28.223, F.S., requiring the recordation of probate records

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Court: Florida Attorney General Reports | Date Filed: 1991-03-13

Snippet: Powers, 351 So.2d 32, 35 (Fla. 1977). 2 And see, s. 28.223, F.S., providing for the recordation of probate

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Court: Florida Attorney General Reports | Date Filed: 1989-12-29

Snippet: for the closure of a particular record. Section 28.223(1), F.S., requires the clerk of the circuit court

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Court: Florida Attorney General Reports | Date Filed: 1987-04-07

Snippet: of instruments which the clerk shall record; s. 28.223, F.S., which provides for the recording of probate

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Court: Florida Attorney General Reports | Date Filed: 1985-10-09

Snippet: s. 28.222(3), F.S. (1984 Supp.). See also, s. 28.223, providing for the recordation of certain probate

In Re Estate of Zimbrick

Court: District Court of Appeal of Florida | Date Filed: 1984-07-13

Citation: 453 So. 2d 1155

Snippet: Filing occurs earlier than recording and Section 28.223, Florida Statutes (1983), requires that all final

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Court: Florida Attorney General Reports | Date Filed: 1984-05-08

Snippet: authorized to be recorded by other laws. See, e.g., ss 28.223, 921.241, and 921.242, F.S. Section 28.29 requires

Dunn v. Stack

Court: District Court of Appeal of Florida | Date Filed: 1982-08-05

Citation: 418 So. 2d 345, 34 U.C.C. Rep. Serv. (West) 1623

Snippet: property must now be filed in the Official Records. § 28.223, Fla. Stat. (1977). [5] See also Osten-Sacken

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-05-18

Snippet: prescribed therefor by s. 45.031, supra. Cf. s.28.223(5), F. S., which provides that the recording of

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Court: Florida Attorney General Reports | Date Filed: 1975-10-30

Snippet: creation of s.28.223, F.S., by Ch. 74-106, Laws of Florida? SUMMARY: Pursuant to s. 28.223, F.S., and Ch