Sarasota and Manatee estates are heard in the Twelfth Judicial Circuit. In Sarasota, a will can be deposited free at the Clerk's Sarasota or Venice office; in Manatee, probate is handled at 1115 Manatee Avenue West in Bradenton. Both Clerks charge $400 for formal administration. We work with Gulf Coast families by phone, video or at any office.
Sarasota and Manatee counties share a circuit court, a coastline and a large retired population, but they are separate counties with separate Clerks, and an estate is opened in the county where the person lived. A family in Lakewood Ranch may live in either one, since the community straddles the county line. This page sets out how probate works in each county, where the two differ and the filing rules the Twelfth Circuit applies to both.
Communities we serve in Sarasota and Manatee
- Sarasota and Siesta Key
- Venice and North Port
- Bradenton and Palmetto
- Lakewood Ranch
- Longboat Key
- Anna Maria Island and Ellenton
Where each county handles probate
The Twelfth Judicial Circuit serves DeSoto, Manatee and Sarasota counties. Each county Clerk runs its own probate department:
| County | Probate and will deposit |
|---|---|
| Sarasota | Historic Courthouse, 2000 Main St., Sarasota, or South County Courthouse, 4004 S. Tamiami Trail, Venice |
| Manatee | Clerk's Probate department, 1115 Manatee Avenue West, Bradenton |
Sarasota is the county where you have a choice: the Clerk accepts original wills at either the Sarasota or the Venice office, which saves a long drive for families in Venice, Englewood or North Port. In both counties the custodian of the will must deposit it within 10 days after learning of the death (section 732.901), with the date of death or Social Security number. Sarasota states that there is no fee to deposit a will, and neither county requires an attorney just to deposit one.
Clerk fees in both counties
| Filing | Sarasota | Manatee |
|---|---|---|
| Formal administration | $400 | $400 |
| Summary administration, $1,000 or more | $345 | $345 |
| Summary administration, under $1,000 | $235 | $235 |
| Disposition without administration | Listed on the Clerk's fee schedule | $231 |
| Caveat or notice of trust | Listed on the Clerk's fee schedule | $41 |
Summary administration and an outdated number
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 Manatee Clerk's probate page reflects the new $150,000 limit. Sarasota's does not yet.
The Twelfth Circuit's filing rules
Administrative Order 2022-1.2 governs how proposed orders reach the judges in all three counties, and it treats two probate orders differently from everything else. The Order Admitting Will and the Order of Discharge must be filed through the Florida Courts portal to the Clerk, into the court file, because the Clerk audits those matters before they are entered. Other proposed orders go to the judge through the portal in Word format, with no date and room for an electronic signature. Sarasota judges also require a cover letter in PDF/A format, and submissions without one are rejected. Paper orders mailed to the Sarasota or Manatee Clerk may be rejected and destroyed without notice. Small rules like these explain why a family's own filing can sit for weeks.
A Gulf Coast administration, step by step
- Deposit the will in the county where the person lived, within 10 days.
- Decide on the proceeding: summary administration, formal administration or, for very small estates, disposition of personal property without administration.
- Open the estate. In formal administration the court admits the will and issues letters to the personal representative.
- Publish the notice to creditors. Creditors generally have three months from first publication to file claims.
- Handle the real estate, including any homestead determination and the property tax exemption.
- Close the estate with an Order of Discharge filed through the portal to the Clerk.
The home: homestead, trusts and fraud alerts
When the person who died owned a home here, two separate questions come up. The first is legal: whether the house was protected homestead under the Florida Constitution, which limits who may inherit it when a spouse or minor child survives and shields it from most creditors. The court can enter an order determining homestead status, which title insurers rely on later. The second is the property tax exemption. An heir who moves in applies to the county Property Appraiser by March 1 (section 196.011). In Manatee, when a homestead is owned by a trust, the Property Appraiser asks for the full trust agreement or a recorded memorandum of trust. Both Clerks also offer a free property fraud alert that emails you when a document is recorded under a name you register, a sensible step while an inherited house sits empty.
Snowbirds and out of state families
Many estates here belong to people who split the year between the Gulf Coast and another state. Probate is opened where the person was domiciled, so the first question is often whether Florida was truly home. A nonresident may serve as personal representative only if he or she is a close relative of the person who died (section 733.304), and a personal representative in Florida generally must be represented by a Florida attorney. Our Florida probate administration page explains each stage, and how to avoid probate in Florida covers the planning that keeps the next transfer simpler.
How we work with Sarasota and Manatee clients
We do not have an office in Sarasota or Manatee County. Personal representatives here work with us by phone or video, and anyone who wants to meet in person is welcome at any of our offices. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. For your own will or trust, see Sarasota and Manatee estate planning; for an aging parent, Sarasota and Manatee elder law; and for selling an inherited condo or house, Sarasota and Manatee real estate law. Contact us to talk it through.
More help in Sarasota and Manatee
We also help Sarasota and Manatee clients with:
