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Charlotte County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Twentieth Judicial Circuit, Charlotte County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court & County Comptroller (Roger D. Eaton), Probate Office, Charlotte County Justice Center, 350 East Marion Avenue, Punta Gorda, FL 33950 |
| Mailing address | Clerk of the Circuit Court, 350 East Marion Avenue, Punta Gorda, FL 33950 (the Clerk publishes no separate probate post office box) |
| Phone | (941) 637-2210 (Probate Office); (941) 505-4716 (general Clerk information) |
| [email protected] | |
| Office hours | Monday to Friday, 8:00 a.m. to 5:00 p.m.; closed weekends and court holidays |
| Filing fee | Set under F.S. 28.2401 plus mandatory county add-ons. The Charlotte Clerk's published probate schedule totals formal administration $400.00; summary administration $345.00 for an estate of $1,001 or more, $235.00 for less than $1,000; disposition of personal property without administration $235.00; caveat and notice of trust $41.00 (Charlotte County Clerk published probate fee schedule, charlotteclerk.com/fee/feeprobate, verified July 2026; statutory base F.S. 28.2401) |
| Local probate forms | The Charlotte Clerk's Self-Help and Forms portal (selfhelp.charlotteclerk.com) publishes do-it-yourself probate and guardianship forms, including disposition of personal property without administration, a probate statement of claim, and guardianship petitions. Florida publishes no statewide self-help probate form set, and formal and summary administration petitions are prepared under the Florida Probate Rules, in most cases by an attorney |
| E-filing | Through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com); mandatory for attorneys, optional for self-represented filers, who may also file on paper at the Clerk's counter |
| Online case search | The Clerk's Benchmark case search (courts.charlotteclerk.com/Benchmark), free and searchable by party name or case number, includes probate cases; some documents are restricted under Florida court privacy rules |
| Remote appearance | Charlotte County judges publish virtual courtroom (Zoom) procedures and hold many hearings by video or telephone; whether a given probate hearing is remote or in person is set by the assigned judge. When a notice of hearing is filed, a copy must be sent immediately to the judge's judicial assistant or the hearing is not placed on the docket |
| Website | https://charlotteclerk.com |
Before you begin — know the assets and liabilities
Before you file anything in Charlotte County, know exactly what the estate holds and which administration path fits. Florida has three routes: formal administration (F.S. Chapter 733), summary administration (F.S. 735.201), and disposition of personal property without administration (F.S. 735.301). Which one applies depends on whether there is a will and on the value and type of the assets, whether the decedent left Florida real property, and how long ago the death occurred; the dollar thresholds that separate these paths are statewide and are explained on the Florida state page. Identify the estate first so you and your attorney file the right petition once.
Identify every bank and credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, business interest, and parcel of Charlotte County real property, along with every debt, before you go to the Clerk. Whether the decedent's Punta Gorda, Port Charlotte, or Englewood home was homestead property matters, because Florida homestead often passes outside the probate estate and is not counted toward the summary-administration limit. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Twentieth Judicial Circuit serves Charlotte County together with Collier, Glades, Hendry, and Lee counties. Within Charlotte, the court covers the whole county, including Punta Gorda (the county seat), Port Charlotte, Englewood, Charlotte Harbor, Rotonda West, Placida, and the surrounding communities. Every Charlotte County probate is filed with the Clerk of the Circuit Court & County Comptroller, whose Probate Office sits at the Charlotte County Justice Center, 350 East Marion Avenue, Punta Gorda, FL 33950. The Clerk also operates the Murdock Administration Building at 18500 Murdock Circle in Port Charlotte and a West County Annex office in Englewood, but the courts and the Probate Office are at the Justice Center in Punta Gorda.
Venue for a decedent's estate is governed by F.S. 733.101. Administration is proper first in the county where the decedent was domiciled at death, then, if the decedent had no Florida domicile, in a county where the decedent's property is located, and, if the decedent had neither domicile nor property in Florida, in the county where any debtor of the decedent resides. In practice, the estate of a Charlotte County resident, or one holding Charlotte County real property, is filed here. There is no separate probate court; probate is a division of the Circuit Court, and the case is docketed to an assigned circuit judge.
The jurisdiction process
- Confirm venue and choose the path. Charlotte County is the right court when the decedent was domiciled here at death or owned Charlotte County property (F.S. 733.101). Decide, based on whether there is a will and on the assets and the time since death, whether the estate needs formal administration (F.S. Chapter 733), qualifies for summary administration (F.S. 735.201), or fits disposition of personal property without administration (F.S. 735.301); the statewide thresholds are on the Florida state page.
- Confirm whether an attorney is required. Under Florida Probate Rule 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person (or is the only beneficiary with no other interested persons), or is a Florida-licensed attorney. Most Charlotte County formal and summary administrations therefore involve counsel; disposition without administration and sole-interested-person matters can proceed without a lawyer.
- Gather what the court needs: the original will (if any), a certified copy of the death certificate, a list of the estate's assets and debts with values, and the names and addresses of the beneficiaries and other interested persons. Florida's estate representative is the personal representative in every case, whether or not there is a will (F.S. 731.201).
- Prepare the petition. Formal and summary administration petitions are prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530); Florida publishes no statewide self-help probate form set, so in most cases an attorney prepares and files the papers. For a disposition of personal property without administration, a probate statement of claim, or a guardianship petition, the Charlotte Clerk's Self-Help and Forms portal (selfhelp.charlotteclerk.com) offers do-it-yourself forms.
- File with the Clerk of the Circuit Court & County Comptroller. Attorneys must e-file through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com). A self-represented filer may register and e-file through the portal or file on paper at the Clerk's counter at the Justice Center, 350 East Marion Avenue, Punta Gorda. The original will is deposited on paper with the Clerk; the custodian of a will must deposit it within 10 days of learning of the death (F.S. 732.901).
- Pay the filing fee for the path: formal administration $400.00; summary administration $345.00 for an estate of $1,001 or more or $235.00 if under $1,000; disposition of personal property without administration $235.00 (Charlotte County Clerk published probate fee schedule, charlotteclerk.com/fee/feeprobate, verified July 2026; statutory base F.S. 28.2401).
- Give notice and publish. In a formal administration, serve the notice of administration on interested persons and publish and serve the notice to creditors, which opens the creditor-claim period. A creditor must file its claim by the later of 3 months after first publication or 30 days after being served (F.S. 733.702), and F.S. 733.710 bars all claims 2 years after the decedent's death.
- Attend any hearing. Charlotte County judges publish virtual courtroom (Zoom) procedures and hold many hearings by video or telephone; whether a given hearing is remote or in person is set by the assigned judge. When a notice of hearing is filed, a copy must be sent immediately to the judge's judicial assistant, or the hearing will not be placed on the docket. Administrative Order 2.40 governs the introduction and management of evidence in remote hearings.
- Receive the authority document. In a formal administration the court appoints the personal representative and the Clerk issues Letters of Administration, the proof of authority for banks and title companies, in every case, whether or not there is a will. In a summary administration the court enters an order distributing the assets and no personal representative is appointed. Request enough certified copies for the institutions involved.
- Administer and close. Inventory the assets, pay valid claims in statutory priority, obtain court authority where required to sell Charlotte County real property, account to the interested persons, distribute the remaining assets, and close the estate.
Forms and documents
Probate forms in Charlotte County
Florida publishes no statewide self-help probate form set; formal and summary administration filings are petitions prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530). Because Florida Probate Rule 5.030 requires a Florida-licensed attorney in most administrations, most Charlotte County estates do not self-file a petition packet; the attorney prepares and e-files the petitions through the Florida Courts E-Filing Portal.
Charlotte County adds a genuine local layer through the Clerk's Self-Help and Forms portal (selfhelp.charlotteclerk.com). Its Probate and Guardianship category publishes do-it-yourself forms for the matters a person can often handle without counsel, including a small-estate disposition of personal property without administration, a probate statement of claim, and guardianship petitions. The forms can be submitted through the Florida Courts E-Filing Portal or by mail. The portal also offers TurboCourt automated forms for a fee, a free 20-minute virtual legal consultation with the Charlotte County Legal Aid Society, and a law library on the ground floor of the Justice Center.
The original will itself is not e-filed. The custodian of a will must deposit the original with the Clerk within 10 days of learning of the death (F.S. 732.901); an attorney is not needed to deposit a will for safekeeping. For questions about local intake, filing in person or by mail, or what the Justice Center counter needs, call the Clerk's Probate Office at (941) 637-2210.
Fees
Florida sets the Clerk's base probate service charges by statute (F.S. 28.2401): formal administration $395, summary administration $340 for an estate of $1,000 or more, and disposition of personal property without administration $230, plus a $4 additional service charge on administration petitions. On top of that statutory base, counties add further mandatory statutory charges, so the Clerk's published total is higher than the bare base and is set county by county. The Charlotte County Clerk's own published probate fee schedule totals are below (verified July 2026; the schedule publishes no separate effective date).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration (also ancillary administration, curatorship, and conservatorship) | $400.00 | Charlotte County Clerk published probate fee schedule, charlotteclerk.com/fee/feeprobate, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value $1,001 or more | $345.00 | Charlotte County Clerk published probate fee schedule, charlotteclerk.com/fee/feeprobate, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value under $1,000 | $235.00 | Charlotte County Clerk published probate fee schedule, charlotteclerk.com/fee/feeprobate, verified July 2026; statutory base F.S. 28.2401 |
| Disposition of personal property without administration | $235.00 | Charlotte County Clerk published probate fee schedule, charlotteclerk.com/fee/feeprobate, verified July 2026; statutory base F.S. 28.2401 |
| Caveat | $41.00 | Charlotte County Clerk published probate fee schedule, charlotteclerk.com/fee/feeprobate, verified July 2026; statutory base F.S. 28.2401 |
| Notice of trust | $41.00 | Charlotte County Clerk published probate fee schedule, charlotteclerk.com/fee/feeprobate, verified July 2026; statutory base F.S. 28.2401 |
Confirm the current total on the Clerk's fee schedule at charlotteclerk.com before filing, since counties adjust these charges over time. Certified copies, recording, and records-search fees are charged separately.
Local nuance
Charlotte County-specific considerations
The Clerk runs a Self-Help and Forms service. The Charlotte Clerk's Self-Help and Forms portal (selfhelp.charlotteclerk.com) publishes do-it-yourself probate and guardianship forms, offers TurboCourt automated forms for a fee, schedules free 20-minute virtual legal consultations with the Charlotte County Legal Aid Society, and maintains a law library on the ground floor of the Justice Center. The consultations are held by Zoom, by appointment only, and the consultation topics include probate, wills, trusts, and estates. Formal and summary administration petitions are still prepared under the Florida Probate Rules and usually by an attorney under Rule 5.030.
Send the notice of hearing to the judicial assistant. In Charlotte County the Twentieth Circuit requires that, when a notice of hearing is filed, a copy be sent immediately to the assigned judge's judicial assistant. The circuit's Charlotte probate page states that if this step is not followed the hearing will not be placed on the court's docket, so confirm the judge's judicial-assistant contact when you set a hearing.
Hearings are often held remotely. Charlotte County judges publish virtual courtroom (Zoom) procedures and conduct many hearings by video or telephone, while evidentiary and contested matters may be set in person. Administrative Order 2.40 governs the introduction and management of evidence in remote hearings, and available hearing time for Charlotte judges is viewed and reserved through the circuit's Judicial Automated Calendaring System (JACS) under the assigned judge's procedures. Follow the assigned judge's published procedures for the format, date, and time.
Three Clerk locations, one courthouse. The Clerk operates the Justice Center at 350 East Marion Avenue in Punta Gorda, the Murdock Administration Building at 18500 Murdock Circle in Port Charlotte, and the Mac V. Horton West County Annex at 6868 San Casa Boulevard in Englewood (Clerk office Tuesday and Thursday, 8:00 a.m. to 1:00 p.m. only). Courts and the Probate Office are at the Justice Center in Punta Gorda; the other offices handle recording and other Clerk services.
Public case search covers probate. The Clerk's Benchmark case search at courts.charlotteclerk.com/Benchmark is free and searchable by party name or case number, and it includes a probate court type and wills on deposit. Some documents are restricted under Florida court privacy rules, and the Clerk offers eCertified copies through its separate eCertify service. To confirm a filing you can also call the Probate Office at (941) 637-2210.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Charlotte County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Punta Gorda, Port Charlotte, or Englewood home held by the spouses as tenants by the entirety, or as homestead, generally passes to the surviving spouse outside the probate estate; the survivor records the death certificate and, where needed, files a petition to determine homestead status with the Circuit Court. Accounts and property in the decedent's sole name may still need summary or formal administration, which under Florida Probate Rule 5.030 usually requires a Florida attorney unless the spouse is the sole interested person. | Asset discovery to separate what passed outside probate from what did not. Packet generation for the qualifying paperwork. A vetted Charlotte County probate attorney where Rule 5.030 requires counsel. |
| Out-of-state adult child, small estate | If the parent was domiciled in Charlotte County and the estate is small enough, or the death was more than 2 years ago, the estate may qualify for summary administration (F.S. 735.201); if it holds only exempt and limited personal property and no real estate, disposition of personal property without administration (F.S. 735.301) may apply, and the Charlotte Clerk publishes a self-help form for it. An attorney typically e-files through the portal, and many hearings are held by Zoom, so the child can often avoid traveling to Punta Gorda. | Asset discovery to confirm the estate qualifies and to locate accounts from out of state. Packet generation for the petition, prepared so an out-of-state filer can proceed largely remotely. |
| Parent settling a predeceased child's estate, home must be sold | Because the estate holds real property that must be sold, it generally proceeds through formal administration under F.S. Chapter 733: the parent, represented by counsel under Florida Probate Rule 5.030, petitions the Circuit Court, is appointed personal representative, receives Letters of Administration, obtains court authority where required, and can then sell the Charlotte County home and distribute the proceeds. | Asset discovery for the child's accounts and property. Packet generation for the formal administration filing and sale papers. A vetted Charlotte County probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Charlotte County Clerk of the Circuit Court, Probate Office, (941) 637-2210 (charlotteclerk.com/courts/probate) | The filing office for probate; local intake questions, filing by mail or in person, hours, the fee schedule, and wills on deposit |
| Charlotte Clerk Self-Help and Forms (selfhelp.charlotteclerk.com) | Do-it-yourself probate and guardianship forms, TurboCourt automated forms, free 20-minute virtual legal consultations with the Charlotte County Legal Aid Society, and the Justice Center law library |
| Twentieth Judicial Circuit (ca.cjis20.org) | Court administration for Charlotte County, judicial assignments and procedures, the Charlotte probate case-management page, and the circuit's administrative orders on remote hearings |
| Benchmark case search (courts.charlotteclerk.com/Benchmark) | Free public case search covering probate, by party name or case number, with some documents restricted under Florida court privacy rules |
| Charlotte County Legal Aid Society (charlottelegalaid.org) | Free 20-minute legal consultations with volunteer attorneys, held by Zoom by appointment through the Clerk's Self-Help Clinic; consultation topics include probate, wills, trusts, and estates |
| Florida Rural Legal Services, Punta Gorda, (888) 582-3410 (frls.org) | Free civil legal help for income-eligible residents of Charlotte and neighboring counties, including elder-law and housing matters |
| The Florida Bar Lawyer Referral Service, (800) 342-8011 (floridabar.org) | Statewide referrals to Florida-licensed probate attorneys, plus the consumer pamphlet Probate in Florida |
When to hire an attorney
Florida makes counsel the norm in probate. Under Florida Probate Rule 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person, or is the only beneficiary with no other interested persons, or is a Florida-licensed attorney. Because most Charlotte County estates have more than one interested person, most formal and summary administrations here are handled through counsel, who also e-files through the statewide portal. Beyond the rule, consider an attorney early when the estate holds real property that must be sold, when a will contest or heir dispute is likely, when the estate is insolvent or creditors are pressing, or when the estate includes a business interest or out-of-state property. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer. Sunset can connect families to a vetted Florida probate attorney serving Charlotte County and the Twentieth Judicial Circuit.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Charlotte County real estate, business interests, and unclaimed property, so you know the estate's value and which Florida estate settlement path fits before you file.
Generate the probate packet. Sunset assembles the petition and supporting paperwork for your path, ready to file with the Clerk of the Circuit Court in Punta Gorda through the statewide e-filing portal or on paper.
Find a local probate attorney. Because Florida Probate Rule 5.030 requires a Florida-licensed attorney in most administrations, Sunset connects families to a vetted Florida probate attorney serving Charlotte County and the Twentieth Judicial Circuit.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Charlotte County, Florida?
With the Clerk of the Circuit Court & County Comptroller, Probate Office, at the Charlotte County Justice Center, 350 East Marion Avenue, Punta Gorda, FL 33950. Attorneys e-file through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com); the Probate Office can be reached at (941) 637-2210. Charlotte County is in the Twentieth Judicial Circuit, and Florida has no separate probate court.
Do I need a lawyer for probate in Charlotte County?
Usually yes. Under Florida Probate Rule 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative is the sole interested person (or the only beneficiary with no other interested persons), or is a Florida-licensed attorney. Most formal and summary administrations therefore involve counsel. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer.
Do I have to e-file probate in Charlotte County?
Attorneys must; self-represented filers have a choice. Florida attorneys must e-file through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com). A self-represented person may register and e-file through the same portal or file on paper at the Clerk's counter at the Justice Center in Punta Gorda. Original wills are always deposited on paper with the Clerk.
How much does it cost to file probate in Charlotte County?
The Charlotte County Clerk's published probate fee schedule is $400.00 for formal administration, $345.00 for summary administration of an estate of $1,001 or more (or $235.00 under $1,000), and $235.00 for disposition of personal property without administration (Charlotte County Clerk fee schedule, charlotteclerk.com, verified July 2026). These county totals sit on top of the statutory base in F.S. 28.2401. Confirm the current total on the Clerk's fee schedule before filing.
Does the Charlotte County Clerk have probate forms?
Yes, for some matters. The Clerk's Self-Help and Forms portal (selfhelp.charlotteclerk.com) publishes do-it-yourself forms for disposition of personal property without administration, a probate statement of claim, and guardianship petitions, and it offers free virtual legal consultations and a law library. Florida publishes no statewide self-help form set for formal or summary administration, which are prepared under the Florida Probate Rules and in most cases by an attorney.
Can I appear by Zoom for a Charlotte County probate hearing?
Often yes. Charlotte County judges publish virtual courtroom (Zoom) procedures and hold many hearings by video or telephone, while evidentiary and contested matters may be set in person. Whether a given hearing is remote is set by the assigned judge. When a notice of hearing is filed, a copy must be sent immediately to the judge's judicial assistant, or the hearing will not be placed on the docket.
How do I look up a Charlotte County probate case?
Use the Clerk's Benchmark case search at courts.charlotteclerk.com/Benchmark. It is free and searchable by party name or case number and includes probate cases and wills on deposit. Some documents are restricted under Florida court privacy rules, and the Clerk offers eCertified copies through its separate eCertify service. To confirm a filing you can also call the Probate Office at (941) 637-2210.
Where do I deposit the original will in Charlotte County?
The custodian of a will must deposit the original with the Clerk within 10 days of learning of the death (F.S. 732.901). An attorney is not needed to deposit a will for safekeeping. The original will is not e-filed; it is delivered on paper to the Clerk's Probate Office at the Charlotte County Justice Center, 350 East Marion Avenue, Punta Gorda, FL 33950.
Do I have to travel to Punta Gorda to settle an estate in Charlotte County?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, and papers can be mailed to the Clerk at 350 East Marion Avenue, Punta Gorda, FL 33950. Because Charlotte County judges hold many hearings by Zoom, an out-of-state filer working with Florida counsel can often settle a Charlotte County estate without repeated trips.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.