Tampa Probate Attorney

Most Hillsborough probate calls start the same way. A parent has died in South Tampa, Brandon or Plant City, the funeral is over, and a son or daughter is holding an envelope with the original will and no idea which building it belongs in. This page answers the practical questions in the order they usually come up: where the will goes, which division hears the case, what the Clerk charges, how creditors are handled, what happens to the house and how the estate is finally closed.

Communities we serve in Hillsborough County

• Tampa, including South Tampa, Westchase and Carrollwood
• Brandon and Valrico
• Riverview and Apollo Beach
• Plant City
• Temple Terrace
• Ruskin and Sun City Center

Where a Hillsborough estate is filed

The Hillsborough County Clerk of Court runs a Probate, Guardianship, and Trust Department, and the cases are heard in the Thirteenth Judicial Circuit. The Clerk lists these public locations:

The Clerk also lists a Brandon service location, and visits in Tampa can be booked by appointment. Which judge hears the case depends on where the person lived. Under the circuit's Administrative Order S-2024-013, new probate cases go to a Tampa division unless the person was domiciled inside the East Division boundaries. The Clerk's judicial division lookup is a map with a dividing line: addresses to the left go to Tampa, addresses to the right go to the East Division. The probate divisions also post their own preferences for how documents are formatted, so we check the assigned division before we submit anything.

Depositing the original will

Section 732.901 gives whoever holds the original will 10 days after learning of the death to deposit it with the clerk of the county where the person lived. In Hillsborough there is no fee. The Clerk asks for the date of death or the Social Security number, and every will filed must come with an Acknowledgement of Venue form, which is posted on the Clerk's site. The Clerk does not hold wills for people who are still living, and a deposited will is not recorded in the Official Records unless a probate case is opened. Redacted wills on deposit can be viewed by the public for 20 years.

What the Hillsborough Clerk charges

These are court costs only. Newspaper publication, certified copies and any bond are separate.

Summary or formal administration

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. The limit was raised from $75,000 by chapter 2026-57, effective July 1, 2026, and the Hillsborough Clerk's probate page already shows the new $150,000 figure. A beneficiary, an heir or the nominated personal representative may petition. Formal administration is the usual route for larger estates, for estates with debts that need a creditor process, or when someone needs the authority that letters of administration give, such as dealing with a bank or a title company.

Step by step: running a Hillsborough estate

1. Deposit the will with the Acknowledgement of Venue form within 10 days.
2. Confirm the division using the Clerk's lookup, based on where the person lived.
3. Petition for administration. The personal representative signs an oath and a designation of resident agent, which the Clerk accepts through the electronic portal along with the death certificate.
4. Notify creditors. In formal administration a notice to creditors is published, and creditors generally have three months from first publication to file claims. The Clerk screens filings and flags cases with missed deadlines so the court can set an order to show cause.
5. Deal with the home and the other assets, then pay valid claims and distribute.
6. Close the estate and ask the court to discharge the personal representative.

Hearings are not automatic in every case. The Clerk notes that a hearing may be necessary, and many routine orders are entered on the papers.

The house, homestead and a possible sale

If the person lived in the home and was survived by a spouse or minor child, the Florida Constitution limits who can receive it, and protected homestead generally is not used to pay estate creditors. Title companies usually want a court order that determines homestead status before they will insure a sale, so we often request one early. If the home is not homestead, the personal representative may be able to sell it, depending on the powers in the will or a court order. Separately, whoever will live there and wants the property tax exemption applies to the Hillsborough County Property Appraiser by March 1 (section 196.011). Our Florida homestead page explains the rules in more depth.

If you live outside Florida

A nonresident can serve as personal representative only if he or she is a close relative of the person who died, such as a child, parent, spouse or sibling (section 733.304). A personal representative in Florida generally must be represented by a Florida attorney. In practice, a daughter in Atlanta or a son in Chicago can sign by mail and meet with us by video. Our Florida probate administration page covers each stage statewide, and our guide to avoiding probate is useful once the estate is settled and the family turns to its own planning.

How we work with Hillsborough County clients

We do not have a Hillsborough office, so most Tampa area personal representatives work with us by phone and video, with documents signed electronically or by mail. If you prefer to meet in person, you are welcome at any of our offices, and our Orlando office is the closest. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. For wills and trusts, see our Hillsborough County estate planning page, and for older parents and incapacity planning, our Hillsborough elder law page. Property and business matters are covered on our Tampa real estate and Tampa business law pages. Contact us to talk through the estate.