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Florida Statute 28.223 - Full Text and Legal Analysis
Florida Statute 28.223 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 28.223 Case Law from Google Scholar Google Search for Amendments to 28.223

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 28
CLERKS OF THE CIRCUIT COURTS
View Entire Chapter
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.

F.S. 28.223 on Google Scholar

F.S. 28.223 on CourtListener

Amendments to 28.223


Annotations, Discussions, Cases:

Cases Citing Statute 28.223

Total Results: 4

Dunn v. Stack

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

District Court of Appeal of Florida | Filed: Aug 5, 1982 | Docket: 1289284

Cited 10 times | Published

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

In Re Estate of Zimbrick

453 So. 2d 1155

District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 1163560

Cited 6 times | Published

filed. Filing occurs earlier than recording and Section 28.223, Florida Statutes (1983), requires that all

Ago

Florida Attorney General Reports | Filed: Mar 20, 1992 | Docket: 3258167

Published

final discharge filed in the clerk's office. Section 28.223(1), F.S., states, however, that "[n]o other

Ago

Florida Attorney General Reports | Filed: Dec 29, 1989 | Docket: 3257711

Published

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