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Martin County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Nineteenth Judicial Circuit, Martin County (Probate and Guardianship Division); probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Carolyn Timmann), Probate and Guardianship Department |
| Courthouse | Martin County Courthouse, 100 SE Ocean Boulevard, Stuart, FL 34994 |
| Mailing address | Martin County Clerk of the Circuit Court, P.O. Box 9016, Stuart, FL 34995-9016 |
| Phone | (772) 288-5539 (Probate Cases); (772) 288-5576 (main Clerk line) |
| Fax | (772) 288-5997 (Probate) |
| [email protected] (Probate); [email protected] (general) | |
| Office hours | Monday to Friday, 8:00 AM to 5:00 PM at the Stuart courthouse; the Indiantown branch (16550 SW Warfield Boulevard) is open Wednesdays and Fridays, 8:00 AM to 1:00 PM and 2:00 to 4:30 PM; the Hobe Sound branch (11730 SE Federal Highway) is temporarily closed for renovations as of July 2026, so check martinclerk.com before visiting; closed legal holidays |
| Filing fee | Formal administration (also ancillary, curatorship, conservatorship) $400.00; summary administration $345.00 for an estate of $1,000 or more, $235.00 under $1,000; disposition of personal property without administration $231.00; caveat or notice of trust $41.00 (Martin County Clerk fee schedule, martinclerk.com/229, verified July 2026). These totals sit on the statutory base set by F.S. 28.2401 ($395 formal, $340 summary of $1,000 or more, plus a $4 additional charge on the petition) |
| Local probate forms | For the small-estate path under F.S. 735.301 (disposition of personal property without administration), the Clerk's Probate Division staff will help you complete the petition at the Stuart courthouse and present it to the probate judge. There is no local packet for formal or summary administration, and Florida publishes no statewide self-help probate form set; those 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 online Records Search (court.martinclerk.com, a Benchmark court records system); the public may search probate case dockets and indexes without registration, but document images in probate cases are not viewable online without registered user access, which attorneys of record and case parties may request through the Clerk's notarized Registration Agreement under the Florida Supreme Court's electronic-access standards |
| Remote appearance | The Nineteenth Judicial Circuit conducts some hearings by Zoom under Fla. R. Gen. Prac. & Jud. Admin. 2.530; whether a remote appearance is available depends on the assigned judge and the matter, so check the assigned judge's published procedures on circuit19.org when a hearing is set |
| Website | https://www.martinclerk.com |
Before you begin — know the assets and liabilities
Before you file anything in Martin 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 Stuart, Palm City, Hobe Sound, or other Martin 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 Nineteenth Judicial Circuit serves Martin County along with Indian River, Okeechobee, and St. Lucie counties, and the circuit runs a dedicated Probate and Guardianship Division for estates, wills, trust litigation, and guardianships. Within Martin, the court covers the whole county, including Stuart (the county seat), Palm City, Hobe Sound, Jensen Beach, Indiantown, Sewall's Point, Jupiter Island, Rio, Port Salerno, and Ocean Breeze. Martin probate matters are filed with the Clerk of the Circuit Court and Comptroller at the Martin County Courthouse, 100 SE Ocean Boulevard, Stuart, and the Clerk also keeps branch offices in Hobe Sound and Indiantown.
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 Martin County for a decedent who lived here. Probate is heard on the Nineteenth Circuit's Probate and Guardianship docket, not in a separate probate court.
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 Martin 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 Martin has no local packet for these paths, so in most cases an attorney prepares and files the papers. For a disposition of personal property without administration, the Clerk's Probate Division staff will help you complete the petition and present it to the probate judge.
- 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 Probate and Guardianship counter at the Martin County Courthouse, 100 SE Ocean Boulevard, Stuart, or by mail to P.O. Box 9016, Stuart, FL 34995-9016. Original wills, codicils, and death certificates are filed in paper form, not electronically.
- Pay the filing fee. The Martin Clerk's published fee is $400.00 for formal administration, $345.00 for summary administration of an estate of $1,000 or more ($235.00 under $1,000), and $231.00 for disposition of personal property without administration (Martin County Clerk fee schedule, martinclerk.com/229, verified July 2026). These totals sit on the statutory base set by F.S. 28.2401.
- 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).
- Submit papers for the judge and attend any hearing. Once the case is opened, the Nineteenth Circuit's Probate and Guardianship Division requires the completed estate opening or closing checklist, pleadings, and proposed orders in Word format to be emailed to [email protected], the Martin County address. The matter is heard by the circuit judge assigned to Martin probate; some non-evidentiary hearings may be heard by Zoom under the assigned judge's published procedures, while evidentiary hearings are generally in person.
- 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 Martin 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), 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 Martin estates do not self-file a probate packet: the attorney prepares the petition and files it through the statewide portal.
Martin County does offer direct Clerk help for the limited matter a family can handle without counsel: for an estate that qualifies for disposition of personal property without administration under F.S. 735.301, bring the original will (if any), a certified death certificate, the funeral bill showing who paid it, signed and notarized consents from any other heirs, and statements for the assets to the Probate Division at the Stuart courthouse, and the Clerk's staff will help complete the petition and present it to the probate judge. The filing fee is $231.00, plus $3.00 for an additional certified copy of the order (Martin County Clerk fee schedule, martinclerk.com/229, verified July 2026). The Nineteenth Circuit also posts estate opening and closing checklists on the assigned judge's page at circuit19.org, which the attorney completes and emails with the pleadings. For questions about local intake, filing in person versus by mail, or what the Stuart counter needs, call the Probate Cases line at (772) 288-5539.
| Resource | What it provides |
|---|---|
| Martin County Clerk, Probate & Guardianship | The Clerk's probate page: the Disposition of Personal Property Without Administration process and its required documents, will deposits under F.S. 732.901, the fee schedule, and contact information |
| Nineteenth Judicial Circuit, Probate and Guardianship Division | The circuit's probate division page and the assigned judge's estate opening and closing checklists, submission email, and procedures |
| 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 |
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 Martin County Clerk's own published fee schedule totals are below (verified July 2026).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration (the schedule groups it with ancillary administration, curatorship, and conservatorship) | $400.00 | Martin County Clerk fee schedule, martinclerk.com/229, verified July 2026 |
| Summary administration, estate value $1,000 or more | $345.00 | Martin County Clerk fee schedule, martinclerk.com/229, verified July 2026 |
| Summary administration, estate value under $1,000 | $235.00 | Martin County Clerk fee schedule, martinclerk.com/229, verified July 2026 |
| Disposition of personal property without administration | $231.00 | Martin County Clerk fee schedule, martinclerk.com/229, verified July 2026 |
| Caveat or notice of trust | $41.00 | Martin County Clerk fee schedule, martinclerk.com/229, verified July 2026 |
Confirm the current total on the Clerk's Probate, Guardianship & Trust fees page at martinclerk.com/229 before filing, since counties adjust these charges over time. Certified copies, will deposits, and audit charges on guardianship inventories and accountings are billed separately under the same schedule.
Local nuance
Martin County-specific considerations
A dedicated Probate and Guardianship Department with its own line. The Clerk staffs a distinct Probate Cases division reachable at (772) 288-5539 and [email protected], separate from the main Clerk line (772) 288-5576. The Nineteenth Judicial Circuit runs the Probate and Guardianship Division for Martin, Indian River, Okeechobee, and St. Lucie counties, and Martin filings are routed to the circuit at [email protected].
The Clerk publishes a fee schedule and walks families through the small-estate petition. Unlike many Florida counties, the Martin Clerk posts a full probate fee schedule, and for the disposition of personal property without administration path under F.S. 735.301 its Probate Division staff will help a family complete the petition at the Stuart courthouse and present it to the probate judge. There is still no local packet for formal or summary administration, which are attorney-prepared under the Florida Probate Rules.
Branch offices in Hobe Sound and Indiantown. In addition to the Stuart courthouse, the Clerk operates a Hobe Sound branch at 11730 SE Federal Highway, Hobe Sound, FL 33455, (772) 546-1308, which is temporarily closed for renovations as of July 2026, and an Indiantown branch at 16550 SW Warfield Boulevard, Indiantown, FL 34956, (772) 223-7921, open Wednesdays and Fridays. Probate is centered at the Stuart courthouse, and mail for probate is directed to the Clerk at P.O. Box 9016, Stuart, FL 34995-9016.
Online docket search is public; probate document images require registered access. The Clerk's online Records Search at court.martinclerk.com, a Benchmark court records system, lets anyone search probate case dockets and indexes without an account. Document images in probate cases, however, are not displayed to unregistered online users under the Florida Supreme Court's electronic-access standards; attorneys of record and case parties can apply for registered user access through the Clerk's notarized Registration Agreement, and copies of filed documents can be requested from the Clerk. To confirm a filing quickly, you can also call the Probate Cases line at (772) 288-5539.
Recent updates
| Date | Change | Source |
|---|---|---|
| July 2026 | The Clerk's Hobe Sound branch office at 11730 SE Federal Highway is temporarily closed for renovations. Use the Stuart courthouse, the Indiantown branch (Wednesdays and Fridays), mail, or the statewide e-filing portal until it reopens. | martinclerk.com office directory, checked July 2026 |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Martin County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Stuart, Palm City, Hobe Sound, or other Martin 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), for which the Martin Clerk's Probate Division staff will help complete the petition. Both are filed with the Martin Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Stuart. | 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 in the Nineteenth Circuit's Probate and Guardianship Division. | 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 |
|---|---|
| Martin County Clerk of the Circuit Court and Comptroller, (772) 288-5539 (martinclerk.com) | The filing office for probate; the Probate and Guardianship Department, the fee schedule, staff help with the disposition of personal property without administration petition, filing by mail or in person, hours, and the online Records Search |
| Nineteenth Judicial Circuit of Florida (circuit19.org) | Court administration for Martin County, the Probate and Guardianship Division, the assigned judge's checklists and procedures, and general information on remote 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, Treasure Coast office, Port St. Lucie, (772) 466-4766 (frls.org) | Free civil legal help for income-eligible residents, serving the Nineteenth Judicial Circuit including Martin County |
| 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 Martin 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 and submits the circuit's checklists and proposed orders. 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 Martin County and the Nineteenth 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, Martin 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 Stuart 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 Martin County and the Nineteenth 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 Martin County?
With the Clerk of the Circuit Court and Comptroller, Probate and Guardianship Department, at the Martin County Courthouse, 100 SE Ocean Boulevard, Stuart, FL 34994, or by mail to P.O. Box 9016, Stuart, FL 34995-9016. Martin is in the Nineteenth Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court.
Do I have to e-file probate in Martin 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 Probate and Guardianship counter in Stuart or by mail to the Clerk's post office box. Original wills, codicils, and death certificates are filed in paper form.
Do I need an attorney for probate in Martin 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 Martin administrations are handled through counsel.
Who hears probate cases in Martin County?
A circuit judge assigned to the Nineteenth Judicial Circuit's Probate and Guardianship Division, which serves Martin, Indian River, Okeechobee, and St. Lucie counties. Martin matters are filed with the Clerk at the Stuart courthouse and heard on the circuit's probate docket.
Can I appear remotely for a Martin County probate hearing?
Sometimes. The Nineteenth Judicial Circuit conducts some hearings by Zoom under Fla. R. Gen. Prac. & Jud. Admin. 2.530. Whether a remote appearance is available depends on the assigned judge and the matter, so check the assigned judge's published procedures on circuit19.org or ask the Probate Cases line at (772) 288-5539 when a hearing is set.
Can I look up a Martin County probate case online?
You can search the docket, but not read the filings. The Clerk's online Records Search at court.martinclerk.com, a Benchmark court records system, lets the public search probate case dockets and indexes without registration. Document images in probate cases are not viewable online without registered user access, which attorneys of record and case parties may request through the Clerk's notarized Registration Agreement; copies of filed documents can be requested from the Clerk, and confidential records remain restricted. To confirm a filing you can also call the Probate Cases line at (772) 288-5539.
What forms do I need for probate in Martin County?
For formal or summary administration, Florida publishes no statewide self-help probate form set and Martin has no local packet; the petition is prepared under the Florida Probate Rules, in most cases by an attorney. For a disposition of personal property without administration, bring the required documents to the Probate Division at the Stuart courthouse and the Clerk's staff will help you complete the petition. The circuit also posts estate opening and closing checklists on the assigned judge's page at circuit19.org.
What does it cost to file probate in Martin County?
The Martin Clerk's published fee is $400.00 for formal administration, $345.00 for summary administration of an estate of $1,000 or more ($235.00 under $1,000), and $231.00 for disposition of personal property without administration (Martin County Clerk fee schedule, verified July 2026). These totals sit on the statutory base set by F.S. 28.2401, which counties add mandatory charges on top of, so confirm the current total with the Clerk at (772) 288-5539 before filing.
Do I have to travel to Stuart to settle an estate there?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, and papers can be mailed to the Clerk at P.O. Box 9016, Stuart, FL 34995-9016. Where a hearing is required, some non-evidentiary matters may be heard by Zoom under the assigned judge's published procedures, so check circuit19.org or ask the Probate Cases line at (772) 288-5539.
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.