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Lee County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Twentieth Judicial Circuit, Lee County (Probate Division) |
| Filing office | Clerk of the Circuit Court & Comptroller (Kevin C. Karnes), Probate department, Lee County Justice Center, 2nd Floor, 2075 Dr. Martin Luther King Jr. Boulevard, Fort Myers, FL 33901 |
| Mailing address | Clerk of the Circuit Court, Probate, P.O. Box 9346, Fort Myers, FL 33902 (the Clerk's general mail goes to P.O. Box 2469) |
| Phone | (239) 533-5000, option 5 for probate; [email protected] for probate matters |
| Hours | Monday to Friday; call center 8:30 a.m. to 4:45 p.m., lobby open until 5:00 p.m.; closed weekends and court holidays |
| Filing fee | Formal administration $400.00; summary administration $345.00 for estates of $1,000 or more, $235.00 under $1,000; disposition of personal property without administration $231.00; caveat and notice of trust $41.00 (Lee County Clerk published court fee schedule, leeclerk.org/services/fees-costs, verified July 2026; statutory base F.S. 28.2401) |
| Local forms | The Twentieth Circuit requires a completed, signed checklist filed with or before every petition for formal administration, summary administration, or final discharge in Lee County; the Clerk publishes a disposition of personal property without administration packet. Florida publishes no statewide self-help probate form set, and petitions are prepared under the Florida Probate Rules |
| E-filing | Florida Courts E-Filing Portal (myflcourtaccess.com), mandatory for attorneys and optional for self-represented filers. Original wills are deposited on paper with the Clerk |
| Case search | Court Records Inquiry System at matrix.leeclerk.org, free; probate case searches return only limited results to the general public, and full docket and image access requires party-to-case or attorney registration |
| Remote appearance | Most probate hearings are held remotely by Zoom under the assigned judge's published procedures; the notice of hearing must state that the hearing is by Zoom and list the judge's Zoom meeting ID (Twentieth Circuit judges' procedures, ca.cjis20.org, verified July 2026) |
| Website | https://www.leeclerk.org/departments/courts/probate |
Before you begin — know the assets and liabilities
The most common Lee County misstep is filing before you know 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 the value and type of the assets, whether the decedent left Florida real property, and how long ago the death occurred; the thresholds are statewide and are covered on the Florida state page. Homestead real property often passes outside the probate estate, so a Fort Myers or Cape Coral home can transfer to the family while the estate subject to administration stays small.
Before you file, identify every bank, credit-union, brokerage, and retirement account, life-insurance policy, vehicle, business interest, and parcel of Lee County real estate, along with every debt, and identify each heir and beneficiary by name. Only then can you pick the right path, calculate the correct filing fee, and decide whether counsel is needed. 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 Lee County together with Charlotte, Collier, Glades, and Hendry counties. Within Lee, the court covers the whole county, including Fort Myers (the county seat), Cape Coral, Bonita Springs, Estero, Lehigh Acres, Sanibel, Fort Myers Beach, and the surrounding communities. Every Lee County probate is filed with the Clerk of the Circuit Court & Comptroller, whose probate department sits on the 2nd floor of the Lee County Justice Center at 2075 Dr. Martin Luther King Jr. Boulevard, Fort Myers, FL 33901. Under Florida's venue rule (F.S. 733.101), administration is proper in the county where the decedent was domiciled at death; if the decedent had no Florida domicile, in any county where the decedent owned property; and otherwise in the county where a debtor of the decedent resides. In practice, the estate of a Lee County resident, or one holding Lee County real property, is filed here.
Lee County runs a dedicated Probate Division within the Twentieth Circuit, handling estate, guardianship, and mental health matters. There is no formal case management for probate; the Clerk dockets the case to an assigned circuit judge, and proposed orders are submitted through the e-portal directly to that judge. The circuit publishes its own probate checklists and self-represented-litigant instructions for the division.
The jurisdiction process
- Confirm venue and choose the path. Lee County is the right court when the decedent was domiciled here at death or owned Lee County property (F.S. 733.101). Decide, based 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 is the sole interested person (or is a licensed attorney). Most Lee 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, 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 and the Twentieth Circuit checklist. In Lee County, a completed and signed checklist must be filed with the Clerk before or together with the corresponding petition for formal administration, summary administration, or final discharge; the circuit's probate page states that failure to file it results in proposed orders being deleted and not processed for review by the court. Prepare the petition and supporting papers under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530).
- File with the Clerk of the Circuit Court & Comptroller. Attorneys e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com), which is mandatory for them; a self-represented filer may e-file or file on paper at the Justice Center, 2nd Floor, 2075 Dr. Martin Luther King Jr. Boulevard, Fort Myers, or by mail to the Clerk's probate address, P.O. Box 9346, Fort Myers, FL 33902. 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 $1,000 or more or $235.00 if under $1,000; disposition of personal property without administration $231.00 (Lee County Clerk published court fee schedule, leeclerk.org/services/fees-costs, verified July 2026; statutory base F.S. 28.2401).
- Give notice. In a formal administration, serve the notice of administration on interested persons and publish and serve the notice to creditors. 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 death.
- Attend any hearing. Most Lee County probate hearings are held remotely by Zoom: the judge assigned to Lee County probate conducts hearings other than jury trials by Zoom, and the notice of hearing must state that the hearing is by Zoom and list the judge's Zoom meeting ID. Check the assigned judge's published procedures at ca.cjis20.org for scheduling, requests for an in-person hearing, and hearing conduct.
- Receive authority. In a formal administration the court appoints the personal representative and the Clerk issues Letters of Administration, the representative's proof of authority for banks and title companies. In a summary administration the court enters an order distributing the assets and no personal representative is appointed.
- Administer and close. File the inventory, resolve creditor claims, obtain court authority where required to sell Lee County real property, account to the interested persons, distribute, and close the estate with the discharge checklist.
Forms and documents
Probate forms in Lee County
Florida publishes no statewide self-help probate form set; probate 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 Lee County estates do not self-file a form packet; the attorney prepares and e-files the petitions through the Florida Courts E-Filing Portal.
Lee County adds its own local layer through the Twentieth Judicial Circuit. The circuit publishes mandatory Lee County probate checklists, the Petition for Formal Administration Checklist, the Petition for Summary Administration Checklist, and the Petition for Discharge Checklist. A completed and signed checklist must be filed with the Clerk before or together with the corresponding petition, and the circuit's probate page states that failure to file it results in proposed orders being deleted and not processed for review by the court. The circuit also publishes instructions for self-represented litigants. These are on the Twentieth Circuit site at ca.cjis20.org.
The Clerk publishes a disposition of personal property without administration packet, a statement of claim form, and a cover sheet for a will submitted for safekeeping on its probate page. The original will itself is not e-filed: the custodian of a will must deposit it with the Clerk within 10 days of learning of the death (F.S. 732.901), and original wills are filed on paper at the probate counter on the 2nd floor of the Justice Center or mailed to P.O. Box 9346, Fort Myers, FL 33902.
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 Lee County Clerk's own published court fee schedule totals are below (verified July 2026; the schedule publishes no separate effective date).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration | $400.00 | Lee County Clerk published court fee schedule, leeclerk.org/services/fees-costs, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value $1,000 or more | $345.00 | Lee County Clerk published court fee schedule, leeclerk.org/services/fees-costs, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value under $1,000 | $235.00 | Lee County Clerk published court fee schedule, leeclerk.org/services/fees-costs, verified July 2026; statutory base F.S. 28.2401 |
| Disposition of personal property without administration | $231.00 | Lee County Clerk published court fee schedule, leeclerk.org/services/fees-costs, verified July 2026; statutory base F.S. 28.2401 |
| Caveat and notice of trust | $41.00 | Lee County Clerk published court fee schedule, leeclerk.org/services/fees-costs, verified July 2026; statutory base F.S. 28.2401 |
Confirm the current total on the Clerk's fee schedule at leeclerk.org before filing, since counties adjust these charges over time. Certified copies, recording, and records-search fees are charged separately.
Local nuance
Lee County-specific considerations
Mandatory probate checklists. The Twentieth Judicial Circuit requires a completed and signed checklist, filed with the Clerk before or together with the corresponding petition, for every petition for formal administration, summary administration, or final discharge in Lee County. The circuit's probate page states that failure to file the appropriate completed and signed checklist results in proposed orders being deleted and not processed for review by the court. Proposed orders are submitted through the e-portal directly to the assigned judge, and there is no formal case management for probate.
Probate is on the 2nd floor of the Justice Center. The Clerk's probate department sits on the 2nd floor of the Lee County Justice Center at 2075 Dr. Martin Luther King Jr. Boulevard, Fort Myers, FL 33901. Paper filings, including original wills, are filed there, and probate mail goes to P.O. Box 9346, Fort Myers, FL 33902. Probate matters reach the Clerk at (239) 533-5000, option 5, or [email protected].
Most hearings are on Zoom. The judge assigned to Lee County probate publishes that jury trials are held in person and all other hearings are conducted remotely by Zoom, and the notice of hearing must state that the hearing is by Zoom and list the judge's Zoom meeting ID. Hearing procedures are set judge by judge in the Twentieth Circuit, so check the assigned judge's page at ca.cjis20.org, including how to request an in-person hearing, before scheduling. Log on ahead of the scheduled time.
Public case search is limited for probate. The Clerk's Court Records Inquiry System at matrix.leeclerk.org is a free public search operated under Florida Supreme Court order AOSC24-65, but probate, guardianship, mental health, juvenile, and domestic-relations searches return only limited results to the general public. Full docket and document access requires party-to-case or attorney registration; to confirm a filing you can also call the Clerk.
E-filing for attorneys, paper for original wills. Attorneys must e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com); self-represented filers may e-file or file on paper. The custodian of a will must deposit the original with the Clerk within 10 days of learning of the death (F.S. 732.901), and original wills are filed on paper at the Justice Center rather than uploaded.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Lee County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Fort Myers or Cape Coral 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 Probate Division. 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 petition and the Twentieth Circuit checklist. A vetted Lee County probate attorney where the rule requires counsel. |
| Out-of-state adult child, small estate | If the parent was domiciled in Lee 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. An attorney typically e-files through the portal, and hearings are commonly on Zoom, so the child can often avoid traveling to Fort Myers. | Asset discovery to confirm the estate fits the shorter path. Packet generation for the petition and checklist. Attorney referral where Rule 5.030 requires counsel. |
| Parent settling a predeceased child's estate, home must be sold | Formal administration in the Twentieth Judicial Circuit. Because there is no will, the parent's attorney petitions for appointment as personal representative and the Clerk issues Letters of Administration; the personal representative then obtains court authority where required to sell the Lee County home before the deed can transfer. Rule 5.030 requires a Florida attorney unless the parent is the sole interested person. | Asset discovery for the child's accounts and property. Packet generation for the administration petition, checklist, and sale papers. A vetted Lee County probate attorney to run the formal administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Lee County Clerk of the Circuit Court, Probate (leeclerk.org/departments/courts/probate) | The Clerk's probate page: filing information, the Justice Center location, the disposition packet and other forms, contact numbers, and the fee schedule |
| Twentieth Judicial Circuit, Probate (ca.cjis20.org) | The court's probate page, the mandatory Lee County probate checklists, self-represented-litigant instructions, and each judge's published hearing and Zoom procedures |
| Court Records Inquiry System (matrix.leeclerk.org) | Free public case search; probate results are limited for the general public, and full access requires party-to-case or attorney registration |
| Judge Lynn Gerald Law Library (ca.cjis20.org, (239) 533-9195) | Free public law library at 1700 Monroe Street, 1st Floor, Fort Myers; reference-only print collection and public Westlaw computers on a first-come basis, Monday to Friday 8:30 a.m. to 5:00 p.m. |
| Florida Rural Legal Services, Fort Myers office (frls.org, (239) 334-4554) | Free civil legal help for income-eligible Lee County residents; practice areas include elder law, housing, consumer, family, and public-benefits matters |
| Lee County Legal Aid Society (leecountylegalaid.org, (239) 334-6118) | Free civil legal aid for income-eligible Lee County residents |
| 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 |
| The Florida Bar (floridabar.org) | Consumer pamphlet "Probate in Florida" and the statewide Lawyer Referral Service |
When to hire an attorney
Florida is an attorney-forward probate state. 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 is a licensed attorney, so most Lee County formal and summary administrations involve counsel. Beyond the rule, counsel makes practical sense when the estate is contested, when Lee County real property must be sold, when the estate is insolvent or its solvency is in doubt, when a business interest or an out-of-state asset complicates administration, or when heirs are in conflict. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer. Sunset can connect families to a vetted Lee County probate attorney when the situation calls for counsel.
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, Lee County real estate, business interests, and unclaimed property, so you know the estate's value for estate settlement and can pick the right Florida probate path before you file.
Generate the probate packet. Sunset assembles the Lee County filing: the petition for administration, the notice of administration and notice to creditors, the inventory, and the supporting documents, formatted for e-filing through the Florida Courts E-Filing Portal with the Twentieth Circuit's required probate checklist.
Find a local probate attorney. Because Florida Probate Rule 5.030 requires counsel in most administrations, Sunset connects families to a vetted Lee County probate attorney to file and appear.
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 probate in Lee County, Florida?
With the Clerk of the Circuit Court & Comptroller, Probate department, on the 2nd floor of the Lee County Justice Center at 2075 Dr. Martin Luther King Jr. Boulevard, Fort Myers, FL 33901, or by mail to the Clerk's probate address, P.O. Box 9346, Fort Myers, FL 33902. Attorneys e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com). The Clerk's main line is (239) 533-5000 (option 5 for probate) and probate matters can be emailed to [email protected]. Lee County is in the Twentieth Judicial Circuit.
Do I need a lawyer for probate in Lee 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 is a 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 Lee 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 e-file or file on paper at the probate counter on the 2nd floor of the Justice Center. Original wills are always deposited on paper with the Clerk.
How much does it cost to file probate in Lee County?
The Lee County Clerk's published fee schedule is $400.00 for formal administration, $345.00 for summary administration of an estate of $1,000 or more (or $235.00 under $1,000), and $231.00 for disposition of personal property without administration (Lee County Clerk fee schedule, leeclerk.org, 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.
What are the Lee County probate checklists?
The Twentieth Judicial Circuit publishes a Petition for Formal Administration Checklist, a Petition for Summary Administration Checklist, and a Petition for Discharge Checklist for Lee County. A completed and signed checklist must be filed with the Clerk before or together with the corresponding petition, and the circuit's probate page states that failure to file it results in proposed orders being deleted and not processed for review by the court. The checklists and self-represented-litigant instructions are on the Twentieth Circuit site at ca.cjis20.org.
Where do I deposit the original will in Lee 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). The original will is not e-filed; it is delivered on paper to the probate counter on the 2nd floor of the Lee County Justice Center, 2075 Dr. Martin Luther King Jr. Boulevard, Fort Myers, or mailed with the Clerk's cover sheet to P.O. Box 9346, Fort Myers, FL 33902.
How do I look up a Lee County probate case?
Use the Clerk's Court Records Inquiry System at matrix.leeclerk.org. It is free, but probate, guardianship, mental health, juvenile, and domestic-relations searches return only limited results to the general public. Full docket and document access requires party-to-case or attorney registration. To confirm a filing you can also call the Clerk at (239) 533-5000.
Can I appear by Zoom for a Lee County probate hearing?
Usually yes. The judge assigned to Lee County probate conducts hearings other than jury trials remotely by Zoom, and the notice of hearing must state that the hearing is by Zoom and list the judge's Zoom meeting ID. Hearing procedures are published judge by judge on the Twentieth Circuit site at ca.cjis20.org; check the assigned judge's page for scheduling and for how to request an in-person hearing, and log on ahead of the scheduled time.
What if the estate is small or the death was years ago?
The estate may qualify for summary administration (F.S. 735.201), which does not appoint a personal representative and ends with an order distributing the assets, or for disposition of personal property without administration (F.S. 735.301) if it holds only exempt and limited personal property and no real estate. The dollar thresholds are statewide and are covered on the Florida state page; both paths are filed at the same Lee County Clerk's probate counter, and the Clerk publishes a disposition without administration packet for the latter.
Do I have to travel to Fort Myers to settle an estate in Lee County?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, and papers can be mailed to the Clerk's probate address at P.O. Box 9346, Fort Myers, FL 33902. Because most Lee County probate hearings are held by Zoom under the assigned judge's published procedures, an out-of-state filer working with Florida counsel can often settle a Lee 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.