Back to Florida
DeSoto County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, 12th Judicial Circuit, DeSoto County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court (Nadia K. Daughtrey) |
| Courthouse | 115 East Oak Street, Room 101, Arcadia, FL 34266 |
| Phone | (863) 993-4876 |
| Fax | (863) 993-4669 |
| [email protected] | |
| Office hours | Monday to Friday, 8:30 AM to 4:30 PM, closed 12:00 to 1:00 PM for lunch; closed legal holidays |
| Filing fee | The DeSoto Clerk's published fee schedule lists $400 for formal administration, $345 for summary administration of an estate of $1,000 or more ($235 under $1,000), and $231 for disposition of personal property without administration (verified July 2026). These totals sit on the statutory base service charges in F.S. 28.2401 ($395 formal, $340 summary for estates of $1,000 or more, plus a $4 additional charge on the petition); the schedule posts no effective date, so confirm the current total with the Clerk before filing. |
| Local probate forms | A limited set. The Clerk publishes a few local probate forms (a disposition of personal property without administration form, a petition to open a safe deposit box, and a statement of claim); Florida publishes no statewide self-help probate form set, and a formal or summary administration is a petition 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 | Statewide CiviTek Online Court Records Search for DeSoto County (county 14), with a public anonymous access option |
| Remote appearance | The 12th Judicial Circuit provides Zoom access to court hearings; ask the Clerk or the court whether a remote appearance is available for your matter |
| Website | https://www.desotoclerk.com |
Before you begin — know the assets and liabilities
Before you file anything in DeSoto County, know exactly what is in the estate. Which Florida path fits depends on whether there is a will and on the value and type of the assets: formal administration under F.S. Chapter 733, summary administration under F.S. 735.201 for a smaller estate, or disposition of personal property without administration under F.S. 735.301 for a limited class of estates with no real property. 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, and parcel of real property, along with every debt, before you go to the Clerk. Whether the decedent's Arcadia or rural DeSoto County 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 Circuit Court of the 12th Judicial Circuit serves DeSoto County along with Manatee and Sarasota counties. Within DeSoto, the court covers the whole county, including Arcadia (the county seat), Nocatee, Fort Ogden, Lake Suzy, and the surrounding rural communities. DeSoto probate matters are filed with the Clerk of the Circuit Court at the courthouse at 115 East Oak Street in Arcadia. There is no separate probate department; probate is heard on the Circuit Court's general docket by a circuit judge of the 12th Judicial Circuit.
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, file in DeSoto County for a decedent who lived here.
The jurisdiction process
- Gather the documents. Collect the original signed will (if any), a certified copy of the death certificate, the proposed personal representative's contact information and photo ID, the names and addresses of the beneficiaries and other interested persons, and a list of the assets and debts with values.
- Choose the path based on the estate. Depending on whether there is a will and on the value and type of assets, the route may be formal administration (F.S. Chapter 733), summary administration (F.S. 735.201), or disposition of personal property without administration (F.S. 735.301). The governing thresholds are statewide and are on the Florida state page.
- Confirm whether an attorney is required. Under Fla. Prob. R. 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 administrations involve more than one interested person, most DeSoto estates are filed through counsel.
- Prepare the petition. For a formal or summary administration, prepare the petition and supporting documents under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530). Florida publishes no statewide self-help probate form set, and while the DeSoto Clerk posts a few local probate forms, in most cases an attorney prepares and files the papers.
- File with the Clerk of the Circuit Court. 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 115 East Oak Street, Room 101, Arcadia, FL 34266.
- Pay the filing fee. The DeSoto Clerk's published schedule lists $400 for formal administration, $345 for summary administration of an estate of $1,000 or more ($235 under $1,000), and $231 for disposition of personal property without administration, totals built on the statutory service charges in F.S. 28.2401 (verified July 2026); the schedule posts no effective date, so confirm the current total with the Clerk before filing.
- Give notice and publish. The personal representative serves notice on interested persons and publishes a 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 in all events within 2 years of death (F.S. 733.710).
- Attend the hearing if one is set. The petition is presented to a 12th Judicial Circuit judge sitting in Arcadia. The circuit provides Zoom access to court hearings, so ask the Clerk or the court whether your matter can be handled remotely.
- Receive the authority document. On appointment the court issues Letters of Administration, the proof of the personal representative's authority to act, in every case, whether or not there is a will. Request enough certified copies for the banks and institutions involved.
- Administer and close. Inventory the assets, pay valid claims in statutory priority, account to the interested persons, distribute the remaining assets, and close the estate.
Forms and documents
Probate forms in DeSoto County
DeSoto County publishes only a limited set of local probate forms, and Florida publishes no statewide self-help probate form set. The Clerk's Forms page posts a disposition of personal property without administration form, a petition to open a safe deposit box, and a statement of claim, along with guardianship checklists. Those cover narrow steps; the core filings, a formal or summary administration, are petitions prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530), and Florida Courts Help states that it does not provide probate forms. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, most estates do not self-file a probate packet: the attorney prepares the petition and files it through the statewide portal. For questions about local intake, filing in person versus by mail, or what the Arcadia counter needs, call the Clerk of the Circuit Court at (863) 993-4876.
| Resource | What it provides |
|---|---|
| DeSoto County Clerk of the Circuit Court, Forms | The Clerk's local forms page, including the disposition without administration form, petition to open a safe deposit box, statement of claim, and guardianship checklists |
| Florida Courts Help, probate (flcourts.gov) | The judiciary's probate self-help page; it explains that no statewide probate forms are provided and points to the Florida Probate Code and local resources |
| Florida Courts E-Filing Portal (myflcourtaccess.com) | The statewide portal for filing probate documents; mandatory for attorneys, optional for self-represented filers |
| DeSoto County Clerk, Probate and Guardianship | Local intake questions, filing in person or by mail, hours, and the Clerk's probate and guardianship information |
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. The DeSoto County Clerk publishes its probate totals on its filing-fees page; the current figures are below (verified July 2026).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration | $400.00 | DeSoto County Clerk filing-fee schedule, desotoclerk.com/forms-filings/filing-fees, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value $1,000 or more | $345.00 | DeSoto County Clerk filing-fee schedule, desotoclerk.com/forms-filings/filing-fees, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value under $1,000 | $235.00 | DeSoto County Clerk filing-fee schedule, desotoclerk.com/forms-filings/filing-fees, verified July 2026; statutory base F.S. 28.2401 |
| Disposition of personal property without administration | $231.00 | DeSoto County Clerk filing-fee schedule, desotoclerk.com/forms-filings/filing-fees, verified July 2026; statutory base F.S. 28.2401 |
| Caveat or trust filing | $41.00 | DeSoto County Clerk filing-fee schedule, desotoclerk.com/forms-filings/filing-fees, verified July 2026; statutory base F.S. 28.2401 |
| Reopening a closed estate | $50.00 | DeSoto County Clerk filing-fee schedule, desotoclerk.com/forms-filings/filing-fees, verified July 2026; statutory base F.S. 28.2401 |
The Clerk's schedule posts no statute cites or effective date, so confirm the current total with the Clerk at (863) 993-4876 before filing. Certified copies, recording charges, and the tiered estate-audit charges based on estate value are billed separately.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in DeSoto County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Arcadia or rural DeSoto County home was the decedent's homestead, Florida homestead protections usually let it pass to the surviving spouse outside the probate estate, often confirmed by a petition to determine homestead status filed with the Clerk of the Circuit Court. If other assets must be administered, the spouse (through counsel, unless she is the sole interested person under Fla. Prob. R. 5.030) files a summary or formal administration and is issued Letters of Administration. | Asset discovery to confirm how title is held and what else is in the estate. Packet generation for the qualifying paperwork. A vetted attorney referral where Fla. Prob. R. 5.030 requires counsel. |
| Out-of-state adult child, small estate | A smaller estate that meets the statewide threshold can proceed by summary administration under F.S. 735.201, which appoints no personal representative and ends in an order distributing the assets; a very limited estate with no real property may qualify for disposition of personal property without administration (F.S. 735.301). Both are filed with the DeSoto Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Arcadia. | Asset discovery to confirm the estate qualifies and to locate accounts from out of state. Packet generation for the petition, prepared in advance 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 Fla. Prob. R. 5.030, petitions the Clerk of the Circuit Court, is appointed personal representative, receives Letters of Administration, and can then sell the home and distribute the proceeds. The matter is heard by a 12th Judicial Circuit judge in Arcadia. | Asset discovery for the child's accounts and property. Packet generation for the formal administration filing. Attorney referral, and help if the sale or an heir dispute turns contested. |
Self-help resources
| Resource | What it offers |
|---|---|
| DeSoto County Clerk of the Circuit Court, (863) 993-4876 (desotoclerk.com) | The filing office for probate; local intake questions, filing by mail or in person, hours, case search, and probate and guardianship information |
| 12th Judicial Circuit of Florida (jud12.flcourts.org) | Court administration for DeSoto County, a Self Help Center, judicial information, and public Zoom access to court hearings |
| Florida Courts Help, probate (flcourts.gov/Courts-System/florida-courts-help/other-resources/probate) | The judiciary's probate self-help page, with plain-language information on the probate process |
| Florida Courts E-Filing Portal (myflcourtaccess.com) | Registration and self-help for e-filing probate documents, the option available to self-represented filers |
| Florida Rural Legal Services, (239) 334-4554 (frls.org) | Free civil legal help for income-eligible residents, serving DeSoto County from its southwest Florida region |
| 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 Fla. Prob. R. 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 DeSoto 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. 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. Sunset can connect families to a vetted Florida probate attorney serving DeSoto County and the 12th 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, DeSoto County real estate, 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 Arcadia through the statewide e-filing portal or on paper.
Find a local probate attorney. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, Sunset connects families to a vetted Florida probate attorney serving DeSoto County and the 12th 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 DeSoto County?
With the Clerk of the Circuit Court at the DeSoto County courthouse, 115 East Oak Street, Room 101, Arcadia, FL 34266. DeSoto is in the 12th Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court.
Do I have to e-file probate in DeSoto County?
Attorneys must e-file through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com. A self-represented filer may register and e-file through the same portal or file on paper at the Clerk's counter in Arcadia.
Do I need an attorney for probate in DeSoto County?
Usually yes. Under Fla. Prob. R. 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. Because most estates have more than one interested person, most DeSoto administrations are handled through counsel.
Does DeSoto County have local probate forms?
A few. The Clerk's Forms page posts a disposition of personal property without administration form, a petition to open a safe deposit box, and a statement of claim, along with guardianship checklists. There is no statewide self-help probate form set, and a formal or summary administration is a petition prepared under the Florida Probate Rules, in most cases by an attorney.
Can I appear remotely for a DeSoto County probate hearing?
Sometimes. The 12th Judicial Circuit provides Zoom access to court hearings. Whether a remote appearance is available depends on the matter, so ask the Clerk or the court when a hearing is set.
Can I look up a DeSoto County probate case online?
Yes. Court records are searched through the statewide CiviTek Online Court Records Search for DeSoto County (county 14), which offers a public anonymous access option. To confirm a filing you can also call the Clerk of the Circuit Court at (863) 993-4876.
What does it cost to file probate in DeSoto County?
The DeSoto Clerk's published fee schedule lists $400 for formal administration, $345 for summary administration of an estate of $1,000 or more ($235 under $1,000), and $231 for disposition of personal property without administration (verified July 2026). Those totals are built on the statutory service charges in F.S. 28.2401 ($395 formal, $340 summary for estates of $1,000 or more, plus a $4 additional charge on the petition). The schedule posts no effective date, so confirm the current total with the Clerk at (863) 993-4876 before filing.
Do I have to travel to Arcadia to settle an estate there?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, and the 12th Judicial Circuit provides Zoom access to court hearings. Where a hearing is required, ask the Clerk or the court whether it can be held remotely.
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.