Fort Myers Probate Attorney

Lee County has grown quickly, and many of its homeowners are retirees whose children live far away. When one of them dies, the family often learns about Florida probate from a bank teller or a title company. Lee County probate is heard in the Twentieth Judicial Circuit, which covers Charlotte, Collier, Glades, Hendry and Lee counties, and the circuit runs Lee County probate in a way that rewards careful paperwork: there is no formal case management, and orders go straight to the assigned judge.

Communities we serve in Lee County

• Fort Myers
• Cape Coral
• Bonita Springs
• Estero
• Lehigh Acres
• Sanibel and Fort Myers Beach

The original will

Section 732.901, Florida Statutes, gives the person holding an original will 10 days after learning of the death to deposit it with the clerk. In Lee County that is the Clerk of the Circuit Court's probate unit on the second floor of the Lee County Justice Center, 2075 Dr. Martin Luther King Jr. Blvd., Fort Myers. The Clerk asks for the date of death at deposit. Only the paper original counts, so it should be delivered in person or by a trackable carrier, not scanned and sent.

Clerk fees for Lee County estates

The Clerk's site notes that a formal administration must be filed by a Florida attorney unless the personal representative is the sole beneficiary. For the smallest estates, the Clerk's disposition of personal property without administration is filed with a verified statement, a certified death certificate and the original will if there is one. General probate questions can go to the Clerk's probate unit at probate@leeclerk.org, although staff cannot give legal advice.

Mandatory checklists and how orders are reviewed

The Twentieth Circuit's probate page for Lee County says there is no formal case management for probate cases. Proposed orders are submitted directly to the assigned judge through the statewide electronic filing portal. In exchange for that direct route, the circuit requires mandatory checklists for:

• Petitions for formal administration.
• Petitions for summary administration.
• Final discharge.

The completed and signed checklist must be filed with the Clerk before or at the same time as the petition. According to the circuit, if the right checklist is missing, the proposed orders are deleted and not processed for review. The summary administration checklist also tells filers not to submit it until every document appears in the Clerk's Odyssey case system.

Summary or formal administration

Summary administration is generally available when the non exempt estate is $150,000 or less, a limit raised from $75,000 by chapter 2026-57 effective July 1, 2026, or when the person died more than two years ago. Lee County materials have not been updated consistently. The circuit's summary administration checklist has still referred to the old $75,000 figure, so check the revision date on any checklist before relying on its threshold. A summary petition must still address creditors: it states that a diligent search was made and shows how known creditors will be paid.

In a formal administration, the personal representative publishes a notice to creditors, and creditors generally have three months from first publication to file claims.

The home: homestead and sale

A Cape Coral or Fort Myers house that was the decedent's primary residence may be protected homestead. If so, it generally passes to the heirs outside the reach of most creditors, and a court order determining homestead status gives title companies what they need. If the house is an ordinary estate asset, it can be sold during probate, but whether a court order is needed depends largely on whether the will gives the personal representative a power of sale. Our Florida homestead page explains the constitutional rules.

Out of state personal representatives

Under section 733.304, a nonresident may serve only if he or she is a close relative, such as a child, parent, sibling or spouse. In Lee County, where so many heirs live up north, that rule decides who can be named. A longtime neighbor, a nephew's spouse or a family friend in another state generally cannot serve, even if the will names them, so a will signed years ago may need a second look before anyone files. A personal representative generally needs a Florida attorney, and the attorney's filings can be prepared and signed remotely.

Steps to close a Lee County estate

1. Let the three month claims period run and resolve every timely claim.
2. Prepare a final accounting, or obtain waivers from the beneficiaries.
3. Distribute the assets and collect signed receipts.
4. File the petition for discharge together with the circuit's mandatory discharge checklist.

How we work with Lee County clients

Lee County families can work with us by phone or video, or meet in person at any of our Florida offices. Your first consultation is free. We prepare the petition with the correct mandatory checklist, publish the notice to creditors, handle homestead and sale issues and file for discharge. Because the firm limits its caseload, you work directly with an attorney. Our Florida probate administration page covers the statewide rules, our Lee County estate planning page explains how a trust can keep the next estate out of court, and we also help with elder law and real estate in the county. Contact us to get started.