Lee County probate is heard in the Twentieth Judicial Circuit, which serves Lee, Collier, Charlotte, Hendry and Glades counties. The Clerk's probate unit is at the Lee County Justice Center in downtown Fort Myers, and the circuit requires its Lee County checklists with formal and summary petitions. We consult with Lee County families by phone or video.
Lee County grew quickly, and many of the people who live here came from somewhere else: retirees from the Midwest and Northeast, seasonal residents who spend the winter in Fort Myers or Cape Coral, and younger families who moved for work. That shows in the questions we hear. Many people still have a will from another state. Others own a home here and a home up north and are not sure which state their estate belongs to. And many calls come from adult children who live far away and have just been named personal representative. This page covers the local steps that apply in Lee County.
Communities we serve in Lee County
- Fort Myers
- Cape Coral
- Bonita Springs
- Estero
- Lehigh Acres
- Sanibel and Fort Myers Beach
Lee County probate at a glance
| Step | Where it happens |
|---|---|
| Deposit the original will | Clerk's probate unit, Lee County Justice Center, 2075 Dr. Martin Luther King Jr. Blvd., Fort Myers, in person or by mail |
| Open the estate | Twentieth Judicial Circuit, with the circuit's Lee County checklist filed with the petition |
| Record a deed | Clerk's Official Records |
| Homestead exemption | Lee County Property Appraiser, by March 1 |
If you hold the original will
Section 732.901 requires whoever has the original will of a person who has died to deposit it with the clerk within 10 days after learning of the death. The Lee Clerk's guidance is that wills are delivered in person or mailed to its probate unit at the Justice Center in downtown Fort Myers, and that an original will cannot be e-filed. Include the date of death. Depositing the will does not open probate, and you do not need an attorney to deposit it.
Opening an estate in the Twentieth Circuit
The Twentieth Judicial Circuit serves Lee, Collier, Charlotte, Hendry and Glades counties, and it has its own expectations for Lee County probate files. The circuit publishes Lee County checklists for formal administration, summary administration and discharge, and its guidance is that the signed checklist must be filed before or with the petition. A proposed order filed without one is not reviewed. That is one of the most common reasons an estate stalls, and it is easy to avoid when the file is prepared correctly the first time.
The Clerk lists its probate filing fees as follows:
- Formal administration: $400.
- Summary administration: $345 for an estate of $1,000 or more, $235 for one under $1,000.
- Disposition of personal property without administration: $231.
- Caveat or notice of trust: $41.
Summary administration is also generally available when the person died more than two years ago. Larger or more involved estates go through formal administration, with a notice to creditors that generally gives creditors three months from first publication to file claims. A personal representative in Florida generally must be represented by a Florida attorney, and nonresidents can serve only if they are close relatives of the person who died (section 733.304). Our Florida probate administration page explains each stage.
Homes, trusts and homestead in Lee County
For most Lee County families the home is the largest asset, and a revocable living trust is a common way to keep it out of probate. Moving the home into a trust touches two county offices:
- The Clerk's Official Records. The new deed is recorded there. Recording costs $10 for the first page and $8.50 for each additional page. The Clerk's guidance is that deeds recorded in person or by mail need a photo ID, and that its free Property Fraud Alert emails you when a document is recorded under a registered name or parcel number.
- The Lee County Property Appraiser. The homestead exemption is applied for on Form DR-501 by March 1 (section 196.011), online, in person in Fort Myers or by email. The Property Appraiser asks owners to contact it after a change of ownership, including a transfer into certain trusts, and the form itself asks whether the home is held in a trust. We coordinate the deed and the exemption so the transfer does not cost you the exemption.
Homestead also limits who can inherit the home when a spouse or minor child survives. Our Florida homestead planning page explains those rules, and our homestead exemption guide covers the tax side in more depth.
Seasonal residents: which state is home?
Lee County has a large part year population. Where you are domiciled decides where your estate is probated and whether Florida homestead rules apply to your home here. Florida law lets you file a sworn declaration of domicile with the clerk of the county where you live (section 222.17), and the Lee Clerk provides the form. A declaration helps, but your plan should match where you actually live, vote and spend most of your time. If you have documents from another state, we review whether they work under Florida's signing rules.
Documents most Lee County families consider
- A Florida will, signed at the end before two witnesses.
- A revocable living trust with a pour over will.
- A durable power of attorney, signed before two witnesses and a notary.
- A health care surrogate designation and a living will.
How we work with Lee County clients
We work with Lee County families by phone and video, which suits seasonal residents and out of state personal representatives alike. You can also meet with us at any of our offices, including Fort Lauderdale. Your first consultation is free. We prepare your documents, arrange a proper signing with the witnesses and notary Florida requires, record any deed and, for estates, prepare the filings and checklists the circuit expects. Because the firm limits its caseload, you work directly with an attorney. If you also own property in Naples, our Collier County page covers the local steps there. Contact us to begin.
