Collier County probate is heard in the Twentieth Judicial Circuit and filed with the Collier Clerk's Courts Department at 3315 Tamiami Trail East in Naples. The Property Appraiser asks for a complete copy of the trust agreement for a homestead held in a trust, and first applications are made in person. We consult with Collier families by phone or video.
Naples has one of the largest part year populations in Florida. Many of the families we hear from in Collier County spend the winter here and the summer somewhere else, own homes in two states, and signed their wills and trusts before they ever moved south. Their first question is usually not which document to sign. It is which state their estate belongs to. This page covers that question and the Collier County offices that handle the rest.
Communities we serve in Collier County
- Naples
- Marco Island
- Golden Gate
- North Naples and Pelican Bay
- Ave Maria
- Immokalee
Seasonal residents: making Florida home
Where you are domiciled decides where your estate is probated, which state's rules govern it and whether Florida's homestead protections apply to your Naples home. Section 222.17 lets you file a sworn declaration of domicile with the clerk of the county where you live, and the Collier Clerk publishes the form. It has two sides:
- One for people who make Florida their permanent home, declaring Collier County as their domicile.
- One for people domiciled in another state who own property here and want to record that fact.
The form is signed before a deputy clerk or a notary, and the Clerk accepts online notarization. Signing the right side, and then living consistently with it, is part of a sound plan. If you have a will, trust or power of attorney from another state, we also check how it works under Florida's signing rules.
If you hold the original will
Section 732.901 requires whoever holds the original will of a person who has died to deposit it with the clerk within 10 days after learning of the death, with the date of death or Social Security number. In Collier County, that is the Clerk's Courts Department at 3315 Tamiami Trail East, Suite 102, in Naples, where the Clerk also runs a Self Help Center on the first floor.
Probate in Collier County
Collier County is in the Twentieth Judicial Circuit, which also serves Lee, Charlotte, Hendry and Glades counties. The Collier Clerk publishes its probate fees:
| Filing | Clerk fee |
|---|---|
| Formal or ancillary administration | $400 |
| Summary administration, estate over $1,000 | $345 |
| Summary administration, estate under $1,000 | $235 |
| Caveat or notice of trust | $41 |
| Reopening an estate | $50 |
Ancillary administration matters in Naples more than in most places. When someone domiciled in another state dies owning Florida real estate in their own name, a Florida proceeding is usually needed to transfer it, in addition to the probate back home. A revocable living trust that holds the Naples property can avoid that second proceeding entirely.
Summary administration is also generally available when the person died more than two years ago. In formal administration, creditors generally have three months from first publication of the notice to creditors to file claims. A personal representative in Florida generally must be represented by a Florida attorney, and a nonresident may serve only if they are a close relative of the person who died (section 733.304). That last rule catches many Naples families whose chosen executor is a friend or adviser up north. Our Florida probate administration page explains the process.
Homestead for a Naples home in a trust
The Collier County Property Appraiser handles the homestead exemption, and its rules are stricter than in many counties:
- First applications are in person. The Property Appraiser's homestead brochure says first time applications are made in person on an original form, at one of its offices on Radio Road, Golden Gate Parkway, Orange Blossom Drive or Collier Boulevard.
- The deadline is March 1 (section 196.011). A late filing may still be possible until the Value Adjustment Board petition deadline.
- A home in a trust needs the trust. The Property Appraiser asks for a complete copy of the trust agreement when the homestead is held in a trust.
Deeds are recorded by the Clerk's Recording Department at $10 for the first page and $8.50 for each additional page. Once your deed is on record, the Clerk's free Risk Alert service emails you when a deed, lien or mortgage is recorded under the names you register. Homestead also limits who can inherit the home when a spouse or minor child survives, as our Florida homestead planning page explains.
Documents most Collier County families consider
- A Florida will, or an update to an out of state will.
- A revocable living trust that holds the Naples home, to avoid Florida probate or ancillary administration.
- A Florida durable power of attorney, signed before two witnesses and a notary.
- A health care surrogate designation and a living will that Florida hospitals will recognize.
How we work with Collier County clients
We work with Collier families by phone and video, which suits seasonal residents who may be out of state for half the year. You are also welcome at any of our offices, including Fort Lauderdale. Your first consultation is free. We prepare your Florida documents, arrange a proper signing, prepare and record the deed into your trust, and for estates we file with the Collier Clerk and see the case through to discharge. Because the firm limits its caseload, you work directly with an attorney. If you also own property in Fort Myers or Cape Coral, see our Lee County page. Contact us to start.
