Back to Florida
Polk County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, 10th Judicial Circuit, Polk County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Stacy M. Butterfield, CPA), Polk County Courthouse, Bartow |
| Courthouse | Polk County Courthouse, 255 N. Broadway Avenue, Bartow, FL 33830-3912 |
| Mailing address | Polk County Clerk of the Circuit Court, P.O. Box 9000, Drawer CC-4, Bartow, FL 33831-9000; the Clerk directs that mail to its courthouse offices include the drawer number, and Drawer CC-4 is probate and guardianship |
| Branch offices | Lakeland Government Center, 930 E. Parker Street, Lakeland, FL 33801, and Northeast Government Center, 200 Government Center Boulevard, Lake Alfred, FL 33850; neither accepts original wills, which the Clerk directs be brought to the Bartow courthouse |
| Phone | (863) 534-4000 |
| Office hours | Monday to Friday, 8:00 AM to 4:30 PM; closed legal holidays |
| Filing fee | The Clerk's published probate fees are $400 for formal administration, $345 for summary administration of an estate of $1,000 or more, $235 for summary administration under $1,000, and $231 for disposition of personal property without administration (verified July 2026). These county totals build on the statutory service charge under F.S. 28.2401 (formal administration $395; summary administration $340 for estates of $1,000 or more; plus a $4 additional charge); the fee page posts no effective date, so confirm the current total with the Clerk before filing |
| Local probate forms | No general local probate packet, and Florida publishes no statewide self-help probate form set; probate filings are petitions prepared under the Florida Probate Rules, in most cases by an attorney. The Clerk posts three fillable forms: a disposition of personal property without administration form, a statement of claim form, and an affidavit of heirs form |
| 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 Bartow courthouse |
| Online case search | Polk Records Online (PRO) at pro.polkcountyclerk.net/PRO, the Clerk's own civil-records portal covering probate, wills, and estates; anonymous public access is offered, and some documents and case types require clerk review or a registration agreement before they can be viewed online |
| Remote appearance | The 10th Judicial Circuit runs Polk County virtual courtrooms on Microsoft Teams, including a dedicated Polk probate and guardianship virtual courtroom; whether a remote appearance is available depends on the matter and the assigned judge's procedures |
| Website | https://www.polkclerkfl.gov |
Before you begin — know the assets and liabilities
Before you file anything in Polk 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 Lakeland, Winter Haven, or Bartow 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 10th Judicial Circuit serves Polk County along with Hardee and Highlands counties; Polk is the circuit's largest county. Within Polk, the court covers the whole county, including Lakeland, Winter Haven, Bartow (the county seat), Haines City, Lake Wales, Auburndale, Lake Alfred, Mulberry, Fort Meade, Frostproof, Davenport, Polk City, and the Poinciana area. Every Polk County probate is filed with the Clerk of the Circuit Court at the Polk County Courthouse, 255 N. Broadway Avenue in Bartow, and heard by the circuit's Probate Division sitting in Bartow. The Clerk's Lakeland and Northeast (Lake Alfred) branch offices handle other clerk services but do not accept original wills; the Clerk's probate and guardianship section sits in the Bartow courthouse. The circuit's published administrative judge for Polk probate is Circuit Judge Dana Y. Moore, Section 14.
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 Polk 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.
- Deposit the original will. The custodian of a will must deposit it with the Clerk of the Circuit Court within 10 days after learning of the death. In Polk County, the Clerk directs that original wills be brought to its office at the Polk County Courthouse in Bartow; the Lakeland and Northeast (Lake Alfred) branch offices do not accept them. No attorney is needed for this step.
- 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 Polk 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 Polk has no general local packet, so in most cases an attorney prepares and files the papers. For the narrow no-administration path, the Clerk posts a fillable disposition of personal property without administration form.
- 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, file on paper at the Polk County Courthouse, 255 N. Broadway Avenue, Bartow, or mail papers to the Clerk at P.O. Box 9000, Drawer CC-4, Bartow, FL 33831-9000 (the Clerk directs that mail to its courthouse offices include the drawer number, and probate and guardianship is Drawer CC-4).
- Pay the filing fee. Under the Clerk's published fee page, the fee is $400 for formal administration, $345 for summary administration of an estate of $1,000 or more, $235 for summary administration under $1,000, and $231 for disposition of personal property without administration (verified July 2026). These totals build on the statutory service charge under F.S. 28.2401; the page posts no effective date, so confirm the current amount with the Clerk at (863) 534-4000.
- 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). The Clerk posts a fillable statement of claim form for creditors.
- Attend the hearing if one is set. The petition is handled by the 10th Judicial Circuit's Probate Division in Bartow, whose published administrative judge for Polk probate is Circuit Judge Dana Y. Moore, Section 14. The circuit runs a dedicated Polk probate and guardianship virtual courtroom on Microsoft Teams, so ask the division whether the matter can be heard 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. The circuit's Probate Division reviews a monthly delinquent list on guardianship and estate cases and may set a status conference and then an order to show cause if a case sits without record activity, so keep the case moving.
Forms and documents
Probate forms in Polk County
Polk County publishes no general local probate form packet, and 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), and Florida Courts Help states that it does not provide probate forms. The Clerk does post three fillable probate PDFs, two on its Wills and Estates page and a third in the probate section of its Forms and Packets page: a disposition of personal property without administration form, for the narrow no-administration path, a statement of claim form, for creditors presenting a claim against an estate, and an affidavit of heirs form, for setting out the decedent's surviving family and heirs. The Clerk's probate FAQ adds that, on request, a deputy clerk can assist an applicant in preparing the disposition application. 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 Bartow counter needs, call the Clerk of the Circuit Court at (863) 534-4000.
| Resource | What it provides |
|---|---|
| Polk County Clerk of the Circuit Court, wills and estates | The local probate page: depositing original wills (Bartow only), fillable probate forms, fees, FAQs, and case search |
| Disposition of personal property without administration (fillable PDF) | The Clerk's form for the no-administration path under F.S. 735.301, filed with a death certificate, the paid funeral bill, and receipts for last-illness medical expenses |
| Statement of claim (fillable PDF) | The Clerk's form for a creditor presenting a claim against an estate under F.S. 733.702 |
| Affidavit of heirs (fillable PDF) | The Clerk's form for setting out the decedent's surviving family and heirs in an estate proceeding, posted in the probate section of the Clerk's forms and packets page |
| 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. The Polk County Clerk publishes its probate totals on its fee page; the current figures are below (verified July 2026).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration | $400.00 | Polk County Clerk fee page, polkclerkfl.gov/267/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value $1,000 or more | $345.00 | Polk County Clerk fee page, polkclerkfl.gov/267/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value under $1,000 | $235.00 | Polk County Clerk fee page, polkclerkfl.gov/267/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Disposition of personal property without administration | $231.00 | Polk County Clerk fee page, polkclerkfl.gov/267/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Caveat and notice of trust | $41.00 | Polk County Clerk fee page, polkclerkfl.gov/267/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Reopening a closed estate | $50.00 | Polk County Clerk fee page, polkclerkfl.gov/267/Fees, verified July 2026; statutory base F.S. 28.2401 |
The Clerk's fee page posts no effective date, so confirm the current total with the Clerk at (863) 534-4000 before filing. Certified copies and recording charges are billed separately, and the tiered audit fees on the Clerk's schedule apply to guardianship inventories, not decedent estates.
Local nuance
Polk County-specific considerations
Probate business runs through Bartow. The Clerk runs branch offices at the Lakeland Government Center, 930 E. Parker Street, Lakeland, and the Northeast Government Center, 200 Government Center Boulevard, Lake Alfred, but neither accepts original wills: the Clerk directs that original wills be brought to the Polk County Courthouse in Bartow, and the Clerk's probate and guardianship section sits in that courthouse. Probate mail goes to the Clerk at P.O. Box 9000, Bartow, FL 33831-9000, not the street address, and the Clerk asks that mail to its courthouse offices carry the section's drawer number, Drawer CC-4 for probate and guardianship.
The 10th Judicial Circuit runs a Probate Division that tracks inactive cases. Polk probate is heard by the circuit's Probate Division in Bartow; the circuit's published administrative judge for Polk probate, mental health, and public health matters is Circuit Judge Dana Y. Moore, Section 14. On guardianship and estate cases, a delinquent list goes to the division's case manager each month, and the case manager sends a no-activity or delinquent letter giving the attorney of record 30 days to comply; if no record activity follows, the case is set for a status conference and then, if still inactive, an order to show cause hearing. Keep a Polk case moving to avoid these hearings.
Polk runs its own case-search portal with tiered access. Court records are searched through Polk Records Online (PRO) at pro.polkcountyclerk.net/PRO, the Clerk's own consolidated portal covering probate, wills, and estates. Anonymous public access is offered, but the portal states that some documents must be requested and reviewed by a clerk before they can be released for online viewing, and that some case types and documents may not be viewed without a registration agreement; registered tiers exist for attorneys, case parties, government agencies, interested parties, and law enforcement. Florida law bars clerks from displaying images of court files governed by the Florida Probate Rules on a website open to the general public (F.S. 28.2221(5)(a)), so expect the probate docket to be easier to see anonymously than the underlying document images.
The Clerk's web address changed. The Clerk of the Circuit Court and Comptroller moved its website from PolkCountyClerk.net to PolkClerkFL.gov; the old address redirects to the new one. The case-search portal still runs at pro.polkcountyclerk.net/PRO. If a saved link or an older document points at polkcountyclerk.net pages, start from polkclerkfl.gov instead.
Recent updates
| Change | What it means |
|---|---|
| The Clerk's website moved to PolkClerkFL.gov | The Polk County Clerk of the Circuit Court and Comptroller changed its website address from PolkCountyClerk.net to PolkClerkFL.gov; the old address now redirects to the new one. The Polk Records Online case-search portal still runs at pro.polkcountyclerk.net/PRO (verified July 2026). |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Polk County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Lakeland, Winter Haven, or Bartow 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), using the Clerk's fillable form. Both are filed with the Polk Clerk in Bartow, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Bartow. | 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 10th Judicial Circuit's Probate Division hears the matter in Bartow. | 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 |
|---|---|
| Polk County Clerk of the Circuit Court, (863) 534-4000 (polkclerkfl.gov) | The filing office for probate; the wills and estates page, local intake questions, filing by mail or in person, hours, fees, the three fillable probate forms, and case search |
| 10th Judicial Circuit of Florida, Probate Division (jud10.flcourts.org) | Court administration for Polk County, the Probate Division, judicial assignments, and Polk County virtual courtroom links for 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, Lakeland office, (863) 688-7376 (frls.org) | Free civil legal help for income-eligible residents; its Lakeland office serves Polk, Hardee, and Highlands counties |
| Heart of Florida Legal Aid Society, (863) 519-5663 (hofla.org) | Free civil legal help for income-eligible residents of the 10th Judicial Circuit, including Polk County; based in Bartow |
| 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 Polk 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 Polk County and the 10th 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, Polk County real estate, and unclaimed property, so you know the estate's value and which Florida path fits before you file.
Generate the probate packet. Sunset assembles the petition and supporting paperwork for your estate settlement path, ready to file with the Clerk of the Circuit Court in Bartow 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 Polk County and the 10th 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 Polk County?
With the Clerk of the Circuit Court at the Polk County Courthouse, 255 N. Broadway Avenue, Bartow, FL 33830, or by mail to the Clerk at P.O. Box 9000, Drawer CC-4, Bartow, FL 33831-9000. Polk is in the 10th Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court, and the Clerk's probate and guardianship section sits in the Bartow courthouse.
Can I file probate at the Clerk's Lakeland or Lake Alfred office?
Plan on Bartow. Original wills are not accepted at the Lakeland Government Center or the Northeast Government Center (Lake Alfred): the Clerk directs that they be brought to the Polk County Courthouse in Bartow. The Clerk's probate and guardianship section also sits in the Bartow courthouse, so probate business is handled there; call the Clerk at (863) 534-4000 before trying to leave probate papers at a branch office. Self-represented filers can also e-file through the statewide portal instead of traveling.
Do I have to e-file probate in Polk 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, file on paper at the Bartow courthouse, or mail papers to the Clerk at P.O. Box 9000, Drawer CC-4, Bartow, FL 33831-9000. Original wills are deposited on paper with the Clerk in Bartow.
Do I need an attorney for probate in Polk 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. Depositing an original will with the Clerk requires no attorney, and the disposition of personal property without administration path uses the Clerk's own fillable form.
Who hears probate cases in Polk County?
The 10th Judicial Circuit's Probate Division, which covers Polk, Hardee, and Highlands counties, hears Polk probate matters in Bartow. The circuit's published administrative judge for Polk probate is Circuit Judge Dana Y. Moore, Section 14. The division also reviews a monthly delinquent list on guardianship and estate cases and may set a status conference and then an order to show cause if a case sits without record activity.
Can I appear remotely for a Polk County probate hearing?
Sometimes. The 10th Judicial Circuit runs Polk County virtual courtrooms on Microsoft Teams, including a dedicated Polk probate and guardianship virtual courtroom. Whether a remote appearance is available depends on the matter and the assigned judge's procedures, so confirm with the Probate Division when a hearing is set.
Can I look up a Polk County probate case online?
Yes. Court records are searched through Polk Records Online (PRO) at pro.polkcountyclerk.net/PRO, the Clerk's own portal covering probate, wills, and estates. Anonymous public access is offered, but some documents must be requested and reviewed by a clerk before they can be viewed online, and some case types and documents require a registration agreement, so the docket is generally easier to see than the document images. You can also call the Clerk at (863) 534-4000.
What forms do I need for probate in Polk County?
Polk County publishes no general local probate packet, and Florida publishes no statewide self-help probate form set. Probate filings are petitions prepared under the Florida Probate Rules, and in most cases an attorney prepares the petition. The Clerk does post three fillable forms: a disposition of personal property without administration form (the Clerk's FAQ says a deputy clerk can help prepare it on request), a statement of claim form for creditors, and an affidavit of heirs form.
What does it cost to file probate in Polk County?
The Polk Clerk's published fees are $400 for formal administration, $345 for summary administration of an estate of $1,000 or more, $235 for summary administration under $1,000, and $231 for disposition of personal property without administration (verified July 2026). Those totals build 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 fee page posts no effective date, so confirm the current total with the Clerk at (863) 534-4000 before filing.
Do I have to travel to Bartow 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 9000, Drawer CC-4, Bartow, FL 33831-9000. The Clerk directs that original wills be brought to the Bartow courthouse, so call the Clerk at (863) 534-4000 before mailing one. Where a hearing is required, ask the Probate Division whether the matter can be heard through the circuit's Polk probate and guardianship virtual courtroom on Microsoft Teams.
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.