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Sarasota County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, 12th Judicial Circuit, Sarasota County; probate is handled by the circuit's Probate and Guardianship Division, not a separate court |
| Filing office | Clerk of the Circuit Court and County Comptroller (Karen E. Rushing) |
| Main courthouse | Sarasota County Historic Courthouse, 2000 Main Street, Sarasota, FL 34237 |
| Venice branch | South County Courthouse, 4004 S. Tamiami Trail, Venice, FL 34293; a full-service Clerk branch that accepts probate, wills, and guardianship filings |
| Mailing address | P.O. Box 3079, Sarasota, FL 34230-3079 |
| Phone | (941) 861-7400 |
| Fax | (941) 861-7738 (the Clerk's Public Access Department fax, for records search requests paid by credit card; not for court filings) |
| [email protected] (the Clerk's Public Access Department, for records questions; court filings are not accepted by email) | |
| Office hours | Monday to Friday, 8:30 AM to 5:00 PM at both the Sarasota and Venice offices; closed legal holidays |
| Filing fee | The Sarasota 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 posts two probate forms (disposition of personal property without administration and a creditor statement of claim), and the 12th Judicial Circuit publishes Sarasota and South County probate checklists; 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 Sarasota or Venice counter |
| Online case search | ClerkNet, the Clerk's own portal at secure.sarasotaclerk.com, with an immediate anonymous General Public User Access option plus registered-user access |
| Remote appearance | Available for routine matters under Fla. R. Gen. Prac. and Jud. Admin. 2.530: in the Sarasota probate division, uncontested, non-evidentiary hearings of 15 minutes or less may be heard by telephone or Zoom, with the scheduling party arranging the credentials. Hearings are scheduled through the circuit's JACS system, and effective January 2, 2026 certain Sarasota and Venice probate and guardianship hearings must be held in person unless the parties stipulate otherwise, so ask the court what applies to your matter |
| Website | https://www.sarasotaclerk.com |
Before you begin — know the assets and liabilities
Before you file anything in Sarasota 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 home in Sarasota, Venice, North Port, or elsewhere in the county 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 Sarasota County along with Manatee and DeSoto counties. Within Sarasota, the court covers the whole county, including the cities of Sarasota (the county seat), North Port, and Venice, part of the Town of Longboat Key, and unincorporated communities such as Siesta Key, Osprey, Nokomis, Laurel, and the Sarasota County part of Englewood. Probate matters are filed with the Clerk of the Circuit Court and County Comptroller at either of two full-service locations: the Sarasota County Historic Courthouse at 2000 Main Street in downtown Sarasota, or the Clerk's Venice branch inside the South County Courthouse at 4004 S. Tamiami Trail. The circuit's Probate and Guardianship Division hears the cases, with a circuit probate division sitting in Sarasota and a separate South County probate division sitting in Venice.
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 Sarasota County for a decedent who lived here.
The jurisdiction process
- Deposit the original will. Florida law requires the custodian of a will to deposit it with the Clerk of the Circuit Court in the county where the decedent lived within 10 days of learning of the death (F.S. 732.901). The Sarasota Clerk accepts wills at no charge at both the Sarasota and Venice offices.
- Gather the documents. Collect 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 Sarasota 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). The 12th Judicial Circuit publishes opening checklists for formal and summary administration, homestead petitions, ancillary administration, and discharge on its Probate and Guardianship Division page; the court and its probate coordinator review filings against those checklists, and filings that do not follow them are delayed.
- 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 2000 Main Street in Sarasota or at the Venice branch inside the South County Courthouse at 4004 S. Tamiami Trail.
- Pay the filing fee. The Sarasota 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. Probate hearings are scheduled through the circuit's JACS system and heard by the Probate and Guardianship Division, in Sarasota or, for the South County division, in Venice. Uncontested, non-evidentiary hearings of 15 minutes or less may be heard remotely by telephone or Zoom under Fla. R. Gen. Prac. and Jud. Admin. 2.530, but effective January 2, 2026 certain probate and guardianship hearings must be in person unless the parties stipulate otherwise, so confirm the format when the hearing is set.
- 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 Sarasota County
Sarasota County publishes only a limited set of local probate forms, and Florida publishes no statewide self-help probate form set. The Clerk's Probate Forms page posts two forms: a disposition of personal property without administration form and a probate creditor statement of claim. The 12th Judicial Circuit adds more practical local material: its Probate and Guardianship Division page publishes Sarasota and South County checklists for opening formal and summary administration (testate and intestate), petitions to determine homestead, ancillary administration, and the petition for discharge that closes an estate. Those cover procedure; 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 at the Sarasota or Venice counter, call the Clerk at (941) 861-7400.
| Resource | What it provides |
|---|---|
| Sarasota Clerk and Comptroller, probate forms | The Clerk's local probate forms: the disposition of personal property without administration form and the probate creditor statement of claim |
| 12th Judicial Circuit, Probate and Guardianship Division | Sarasota and South County probate checklists (opening formal and summary administration, homestead petitions, ancillary administration, discharge), judges' requirements, and hearing-scheduling links |
| 12th Judicial Circuit court forms library | The circuit's consolidated forms library for all divisions, linked from the Clerk's probate 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 Sarasota Clerk and Comptroller publishes its probate totals on its fee schedule page; the current figures are below (verified July 2026).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration (also ancillary, curatorship, or conservatorship) | $400.00 | Sarasota Clerk and Comptroller fee schedule, sarasotaclerk.com/About-Us/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value $1,000 or more | $345.00 | Sarasota Clerk and Comptroller fee schedule, sarasotaclerk.com/About-Us/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value under $1,000 | $235.00 | Sarasota Clerk and Comptroller fee schedule, sarasotaclerk.com/About-Us/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Disposition of personal property without administration | $231.00 | Sarasota Clerk and Comptroller fee schedule, sarasotaclerk.com/About-Us/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Opening any other estate proceeding of one document or more (for example a petition to determine heirs or for safe-deposit-box access) | $231.00 | Sarasota Clerk and Comptroller fee schedule, sarasotaclerk.com/About-Us/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Petition and order to admit a foreign will | $231.00 | Sarasota Clerk and Comptroller fee schedule, sarasotaclerk.com/About-Us/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Notice of trust | $41.00 | Sarasota Clerk and Comptroller fee schedule, sarasotaclerk.com/About-Us/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Caveat | $41.00 | Sarasota Clerk and Comptroller fee schedule, sarasotaclerk.com/About-Us/Fees, verified July 2026; statutory base F.S. 28.2401 |
| Reopening a closed estate | $50.00 | Sarasota Clerk fee schedule, citing F.S. 28.241(1)(b), verified July 2026 |
| Exemplified certificate | $7.00 | Sarasota Clerk and Comptroller fee schedule, sarasotaclerk.com/About-Us/Fees, verified July 2026; statutory base F.S. 28.2401 |
The Clerk's schedule posts no effective date, so confirm the current total with the Clerk at (941) 861-7400 before filing. Certified copies, recording charges, and guardianship audit fees are billed separately, and certification and exemplification of court records can also be ordered through the Clerk's ClerkNet portal.
Local nuance
Sarasota County-specific considerations
Sarasota County runs probate at a scale most Florida counties do not, and three local features matter in practice. First, the county has two full-service Clerk filing locations: the Sarasota County Historic Courthouse at 2000 Main Street in downtown Sarasota and the Venice branch inside the South County Courthouse at 4004 S. Tamiami Trail, which opened in 2022. Both accept probate, wills, and guardianship filings, so a family in Venice, North Port, or Englewood does not need to drive downtown to file. Second, the 12th Judicial Circuit runs two Sarasota probate dockets: a circuit probate division sitting in Sarasota and a South County probate and guardianship division sitting in Venice. Judge Charles E. Williams is the circuit's listed judge for both the Sarasota and the South County probate and guardianship assignments (circuit judicial directory, July 2026; judicial assignments rotate). The circuit publishes separate Sarasota and South County checklists and submission requirements on its Probate and Guardianship Division page, so match your paperwork to the division your case lands in. Third, hearings are scheduled through the circuit's JACS online calendar, and the court updated its Sarasota and Venice probate and guardianship requirements effective January 2, 2026: hearings on do-not-resuscitate orders, appointment of an emergency temporary guardian, final guardianship, and injunctions against exploitation of a vulnerable adult are held in person unless the parties stipulate otherwise.
Case records are on ClerkNet, the Clerk's own portal at secure.sarasotaclerk.com, which offers an immediate anonymous General Public User Access option as well as registered accounts. Under the Florida Supreme Court's standards for access to electronic court records (AOSC24-65), the general public can now view many court records online, but Florida law restricts the display of probate document images on publicly available websites (F.S. 28.2221), so anonymous users generally see the docket, and viewing or obtaining the documents themselves may take a registered ClerkNet account or a copy request to the Clerk's Public Access Department. The Clerk's email for records questions is the Public Access Department at [email protected], records search requests are also accepted by fax at (941) 861-7738 with credit-card payment, and court filings are not accepted by email.
Recent updates
| Date | Change |
|---|---|
| January 2, 2026 | The 12th Judicial Circuit updated its Sarasota and Venice probate and guardianship hearing requirements: hearings on do-not-resuscitate orders, appointment of an emergency temporary guardian, final guardianship, and injunctions against exploitation of a vulnerable adult are held in person unless the parties stipulate otherwise. |
| 2022 | The South County Courthouse opened at 4004 S. Tamiami Trail in Venice, and the Clerk's full-service Venice branch now operates there, accepting probate, wills, and guardianship filings for south-county residents. |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Sarasota County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Sarasota, Venice, or North Port 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 (the circuit publishes a checklist for it). 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 form the Sarasota Clerk posts. Both are filed with the Sarasota Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Sarasota. | 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 the circuit's Probate and Guardianship Division, in Sarasota or in Venice for a south-county case. | 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 |
|---|---|
| Sarasota Clerk of the Circuit Court and County Comptroller, (941) 861-7400 (sarasotaclerk.com) | The filing office for probate; intake at the Sarasota and Venice counters, wills deposit, fees, records, and the ClerkNet case search |
| 12th Judicial Circuit, Probate and Guardianship Division (jud12.flcourts.org) | Division checklists and judges' requirements for Sarasota and South County probate cases, JACS hearing scheduling, and the circuit's remote-appearance requirements |
| Sarasota Self-Help Center and Law Library, 2002 Ringling Blvd., 1st floor, Sarasota, (941) 861-8191 | The circuit's self-help center for self-represented litigants: legal information, referrals, and access to court forms and procedures; open Monday to Friday 8:00 AM to 4:30 PM, closed 12:00 to 1:00 PM |
| 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 |
| Legal Aid of Manasota, (941) 366-0038 Sarasota, (941) 492-4631 Venice (legalaidofmanasota.org) | Free civil legal help for income-eligible residents of Sarasota and Manatee counties, with offices in Sarasota and Venice |
| Sarasota County Bar Association lawyer referral, (941) 861-8180 | Local referrals to Sarasota attorneys, listed by the Clerk alongside The Florida Bar Lawyer Referral Service, (800) 342-8011 |
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 Sarasota 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 works from the circuit's published division checklists. 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 Sarasota 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, Sarasota County real estate, and unclaimed property, so you know the estate's value and which Florida path fits estate settlement 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 Sarasota or Venice 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 Sarasota 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 Sarasota County?
With the Clerk of the Circuit Court and County Comptroller. The main office is in the Sarasota County Historic Courthouse, 2000 Main Street, Sarasota, FL 34237, and the Clerk's Venice branch inside the South County Courthouse, 4004 S. Tamiami Trail, Venice, FL 34293, also accepts probate filings. Sarasota is in the 12th Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court.
Can I file probate papers in Venice instead of downtown Sarasota?
Yes. The Clerk's Venice branch inside the South County Courthouse at 4004 S. Tamiami Trail is a full-service office that accepts probate, wills, and guardianship filings; the Clerk's published hours are Monday to Friday, 8:30 AM to 5:00 PM. The circuit also runs a South County probate division that sits in Venice.
Do I have to e-file probate in Sarasota 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 Sarasota or Venice. The Clerk does not accept court filings by email.
Do I need an attorney for probate in Sarasota 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 Sarasota administrations are handled through counsel.
Does Sarasota County have local probate forms?
A few. The Clerk posts a disposition of personal property without administration form and a probate creditor statement of claim, and the 12th Judicial Circuit publishes Sarasota and South County checklists for opening formal and summary administration, homestead petitions, ancillary administration, and discharge. 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.
What do I do with the original will in Sarasota County?
Deposit it with the Clerk of the Circuit Court. Florida law requires the custodian of a will to deposit it with the Clerk in the county where the decedent lived within 10 days of learning of the death (F.S. 732.901). The Sarasota Clerk accepts wills at no charge at both the Sarasota and Venice offices.
Can I appear remotely for a Sarasota County probate hearing?
Sometimes. In the circuit's Sarasota probate division, uncontested, non-evidentiary hearings of 15 minutes or less may be heard remotely by telephone or Zoom under Fla. R. Gen. Prac. and Jud. Admin. 2.530; the court posts no standing Zoom credentials, so the scheduling party arranges the call. Hearings are scheduled through the circuit's JACS system. Effective January 2, 2026, hearings on do-not-resuscitate orders, appointment of an emergency temporary guardian, final guardianship, and injunctions against exploitation of a vulnerable adult are held in person unless the parties stipulate otherwise, so confirm the format for your matter when the hearing is set.
Can I look up a Sarasota County probate case online?
Yes. ClerkNet, the Clerk's own portal at secure.sarasotaclerk.com, offers an immediate anonymous General Public User Access option as well as registered accounts, and probate, will, and guardianship records are searchable there. Florida law restricts the display of probate document images on publicly available websites (F.S. 28.2221), so anonymous users generally see the docket, and viewing the documents themselves may take a registered account or a copy request to the Clerk; certified and exemplified copies can be ordered through ClerkNet.
What does it cost to file probate in Sarasota County?
The Sarasota 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 (941) 861-7400 before filing.
Do I have to travel to Sarasota to settle an estate there?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, south-county families can use the Venice branch instead of the downtown courthouse, and shorter uncontested hearings can often be heard by telephone or Zoom. Where an in-person hearing is required, confirm the courthouse, in Sarasota or Venice, when the hearing is set.
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.