Pensacola Probate Attorney

Pensacola sits at the far western end of Florida, closer to Mobile than to Tallahassee, and many estates here involve military retirees, family in Alabama or a house that has been in the family for generations. Probate in Escambia County has a few local habits worth knowing: the First Judicial Circuit requires checklists, the probate judges take proposed orders by email in Word format, and the Clerk's own online answers still show an old summary administration limit. This page lays out how an Escambia estate moves.

Communities we serve in Escambia County

• Pensacola
• Pensacola Beach
• Cantonment
• Molino and Century
• Perdido Key and Warrington

Where an Escambia estate is filed

The First Judicial Circuit covers Escambia, Okaloosa, Santa Rosa and Walton counties (section 26.021, Florida Statutes), but each county has its own clerk. If the person lived in Gulf Breeze or Milton, the estate belongs to the Santa Rosa Clerk, not Pensacola. For an Escambia resident, filings go to the Clerk's Probate, Guardianship and Mental Health office:

Paper probate files can be viewed at the M.C. Blanchard Judicial Building, and the Clerk suggests calling ahead so the file is not out with the judge. The Florida Supreme Court does not yet allow public internet viewing of imaged probate documents, so the Clerk makes them available on public terminals at its locations. You can also order copies of any unsealed probate document by phone or email, and the Clerk mails them once the copy fee and postage are paid. That is often the simplest way for a family member out of state to get a copy of a will that has already been deposited.

Depositing the will in Pensacola

Under section 732.901, the person holding the original will must deposit it with the Clerk within 10 days after learning of the death. The Escambia Clerk asks you to give the date of death or the person's Social Security number when you deposit it, and confirms that you do not need an attorney to do so. Depositing the will starts nothing on its own. It simply puts the original where the court can find it if an estate is opened later.

The First Circuit's checklists and orders

Escambia probate has written procedures that shape every filing:

• Checklists are required. Since June 1, 2018, a checklist must accompany the opening of every probate case and the closing of every formal administration. The circuit posts an Opening Formal Administration Checklist, a Summary Administration Checklist and a Closing Formal Administration Checklist for Escambia.
• Orders go by email in Word. Proposed orders for the probate divisions are emailed to the division's service address in Microsoft Word, with the case name, case number and document title in the file name.
• Hearings are requested after filing. A hearing is requested from the judicial assistant by email once the motion is on file, with every party copied.

Summary administration: check the date on the guidance

The Escambia Clerk's frequently asked questions still say that summary administration is available when the estate does not exceed $75,000. That figure is out of date. Chapter 2026-57 raised the limit to $150,000 of non exempt assets effective July 1, 2026, and summary administration is also available when the person died more than two years ago. The Clerk also accepts a disposition of personal property without administration, which releases personal property to whoever paid the funeral bill or final medical bills from the last 60 days, but it cannot be used for real estate.

A formal Escambia estate, step by step

1. Open the case with the petition, original will, death certificate and the opening checklist.
2. Receive letters of administration once the order appointing the personal representative is signed.
3. Publish the notice to creditors. Creditors generally have three months from first publication to file claims.
4. Inventory and claims. Serve the inventory, pay or object to claims, and petition to determine homestead if the house passes to heirs.
5. Close the estate with a final accounting, a petition for discharge and the closing checklist.

The house and the homestead

A home that was the person's Florida homestead is generally protected from creditors and may pass to a spouse or children outside the normal estate. A personal representative usually cannot sell it without first having the court determine whether it is homestead. A home that is not homestead, such as a rental near the Naval Air Station, can be sold during administration if the will grants a power of sale or the court approves. Our Florida homestead planning page explains the rules on who can inherit a homestead.

How we work with Escambia County clients

We work with Escambia County families by phone or video, or in person at any of our Florida offices. Your first consultation is free. We prepare the petition and the circuit's checklists, file with the Clerk, send proposed orders the way the probate divisions require and keep the estate on schedule through discharge. Because the firm limits its caseload, you work directly with an attorney. For your own plan, see our Escambia County estate planning page and our guide to Florida wills. If the estate includes a sale or a title problem, our Escambia County real estate page can help. Read the statewide overview on our Florida probate administration page, or contact us to begin.