Polk County probate is heard in the Tenth Judicial Circuit, which serves Polk, Highlands and Hardee counties. The Clerk accepts original wills only at the Bartow courthouse, not at its Lakeland or Lake Alfred offices, and the deposit is due within 10 days of learning of the death. We meet Polk clients at our Orlando office or by video.
Polk County sits between Tampa and Orlando, and it is a large county to get around. A family in Lakeland may be 20 miles from the county seat in Bartow, and Haines City and Davenport are farther still. That distance matters in probate, because the Clerk runs three offices and they do not all handle the same work. Below is a plain map of where each step happens, followed by the planning most Polk families consider.
Communities we serve in Polk County
- Lakeland
- Winter Haven
- Bartow
- Haines City
- Auburndale
- Lake Wales
- Davenport
Which Polk County office does what
The Tenth Judicial Circuit serves Polk, Highlands and Hardee counties. In Polk, the Clerk of Courts and Comptroller has three locations:
| Office | Address | Original wills | Deed recording |
|---|---|---|---|
| Polk County Courthouse | 255 N. Broadway Ave., Bartow | Yes | Yes |
| Lakeland Branch | 930 E. Parker St., Lakeland | No | Yes |
| Northeast Polk Government Center | 200 Government Center Blvd., Lake Alfred | No | Yes |
The point that catches Lakeland and Winter Haven families off guard: the Clerk states that depositing an original will is not offered at the Lakeland or Lake Alfred offices. It has to go to Bartow, in person or by mail.
Step by step: a death in Polk County
- Get the original will to Bartow. Under section 732.901, whoever holds the original will must deposit it with the clerk within 10 days after learning of the death, with the date of death or Social Security number if available. You do not need an attorney just to deposit it.
- Pick the proceeding. Summary administration is generally available when the non exempt estate is $150,000 or less, or when the person died more than two years ago. Larger estates generally go through formal administration.
- Open the estate with the Clerk. The Clerk lists $400 to open a formal administration, and $345 or $235 for summary administration depending on whether the estate is at least $1,000.
- Settle the estate. In formal administration, creditors generally have three months from first publication of the notice to creditors to file claims. The personal representative then pays valid claims, distributes the property and asks the court for discharge.
The Tenth Circuit has also issued administrative orders on probate matters, including one on orders determining homestead status in formal administrations and one on what banks may do when shown letters of administration. We follow those orders when we file. A personal representative in Florida generally must be represented by a Florida attorney, and our Florida probate administration page walks through the full process.
Planning for a Polk County home
If your plan includes a deed into a revocable living trust or a lady bird deed, it is recorded in Polk's Official Records, and unlike wills, deeds can be recorded at any of the three Clerk offices. Recording costs $10 for the first page and $8.50 for each additional page. Once the deed is on record, the Clerk's Property Fraud Alert can notify you when a document is filed using your information. It does not stop fraud, but it tells you quickly.
The homestead property tax exemption is a separate application with the Polk County Property Appraiser, due by March 1 under section 196.011. If your home moves into a trust, confirm with the Property Appraiser what it needs to keep the exemption in place. The creditor protection and inheritance limits that apply to a homestead come from the Florida Constitution, and our Florida homestead planning page explains them.
Documents most Polk families consider
- A Florida will naming beneficiaries, a personal representative and guardians for minor children.
- A revocable living trust so assets titled in the trust pass without probate.
- A durable power of attorney for finances, effective when signed under Florida law.
- A health care surrogate designation and a living will for medical decisions.
Families with farmland, groves or several parcels often benefit most from a trust, because property held in more than one name can mean more than one court proceeding later.
How we work with Polk County clients
Polk County clients can meet with an attorney at our Orlando office, about an hour from Lakeland, or by phone or video. Your first consultation is free. We prepare the documents, supervise the signing with the witnesses and notary Florida requires, record any deed, and if you are settling an estate, we handle the filings in Bartow so you do not have to make the trip more than necessary. Because the firm limits its caseload, you work directly with an attorney. Contact us to get started.
