What to Do When Someone Dies in DeSoto County, Florida

How probate works in DeSoto County: the Clerk of Circuit Court record, what the process costs, and how to file there.

Probate Court Record

DeSoto County Clerk of Circuit Court

DeSoto County · 12th Judicial Circuit

Hours

Monday-Friday 8:30 AM-noon and 1:00 PM-4:30 PM

Office

115 East Oak Street, Room 101, Arcadia, FL 34266

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysE-filing mandatory for attorneys since April 1, 2013. Optional for self-represented parties. Statewide Florida Courts E-Filing Portal for all circuit courts.

Self-represented filing

AllowedDisposition of Personal Property without Administration may be filed without an attorney. The Clerk's Civil & Court Actions forms page carries the probate and guardianship forms.

Verified October 15, 2026 · Source

How Probate Works in DeSoto County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In DeSoto County, probate runs through the Clerk of Circuit Court at 115 East Oak Street, Room 101, Arcadia. The court sits in the 12th Judicial Circuit. The same 12th Judicial Circuit also serves Manatee and Sarasota.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Florida intestacy law when there is no will.

Most Florida estates take 9 months to 12 months to move through this process. Creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.

What Probate Costs in DeSoto County

What probate costs in DeSoto County, Florida comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Clerk of Circuit Court at 115 East Oak Street, Room 101, Arcadia. The court is part of the 12th Judicial Circuit.

Florida charges $400Fla. Stat. §§ 28.2401(1)(g), (3); 44.108(1)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Florida are based on reasonable compensation — usually hourly billing or a flat fee for the engagement.

Florida sets executor compensation on a statutory schedule that is presumed reasonable — about $15,000 on a $500,000 estate, roughly 3.0%Fla. Stat. § 733.617Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Florida requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Fla. Stat. § 733.402Verified Sep 8, 2026View source of estate value annually.

Probate in Florida typically runs 9 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Clerk of Circuit Court

Probate cases in DeSoto County, Florida are filed at the Clerk of Circuit Court. The court sits in the 12th Judicial Circuit.

Beside the filing office, the court lists a separate line for Probate & Guardianship.

Can You File Without an Attorney?

Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.

For a full cost comparison and filing checklist, see the DeSoto County Self-Filing Assessment.

DeSoto County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

Disposition of Personal Property without Administration may be filed without an attorney

Filed when the estate does not exceed the preferred funeral expenses and the expenses of the last 60 days of the last illness.

Source

Document Requirements

No fee to deposit a will with the Clerk

The Clerk accepts wills on deposit after a person's death. A receipt of Last Will and Testament is prepared by the probate clerk and a copy provided to the depositor; there is no fee for this service.

Source

Declaration of Pre-Need Guardian may be filed with the Clerk at no charge

The declaration must identify the declarant and the preneed guardian and be signed by both in the presence of at least two attesting witnesses present at the same time.

Source

What to Bring

Filed with the opening petition at the Clerk of Circuit Court: Verified Petition for Administration drafted to Fla. Prob. R. 5.200 (petitioner interest, decedent data, beneficiaries, venue, § 733.301 priority, will statement, asset value); Original of the decedent's last will and any codicils (deposited with the court within 10 days of knowledge of death, Fla. Stat. § 732.901), in a testate estateFla. Stat. §§ 733.101-733.402 (venue, petition, appointment, letters, bond); Fla. Prob. R. 5.200 (petition), 5.235 (issuance of letters, bond), 5.030 (attorney required)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in DeSoto County

In Florida a death is registered locally, and in DeSoto County certified copies of the death certificate are issued by Florida Department of Health in DeSoto County as well as by Florida Department of Health - Bureau of Vital Statistics.

Vital Records Office Record

Local Registrar

DeSoto County · Florida Department of Health in DeSoto County

Office

815 North Mills Avenue, Suite 103, Arcadia, FL 34266

Certified copies

At the counter

Mail

34 South Baldwin Avenue Arcadia, FL 34266

Fax

1-863-491-7584

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

District Medical Examiner

DeSoto County · District 12 Medical Examiner Office

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

4510 Fruitville Road, Sarasota, FL 34232

Serves this county

District 12 Medical Examiner Office (District 12 (DeSoto, Manatee and Sarasota Counties))

Release of remains

1-941-861-2400 · Sarasota Medical Examiner Facility · Monday-Friday 8:00 AM-3:30 PM

Mail and offices

Fax

1-941-361-6914

Verified November 2, 2026 · Source

Funeral Homes in DeSoto County

1 funeral home or crematory in DeSoto County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.

In Arcadia, Hickson Funeral Home arranges funeral, graveside and memorial services and offers cremation services, preplanning and help with veterans' benefits. Its history dates to 1924, when it was established as the Arcadia Funeral Home, the oldest continuously operated funeral home in DeSoto County.

CremationPre-need arrangementsVeterans services

Funeral homes in DeSoto County →

Funeral homes by city: Arcadia

Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.

Transferring Property in DeSoto County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of the Circuit Court.

Deeds and other real property documents for DeSoto County are recorded with the Clerk of the Circuit Court at 115 East Oak Street, Room 101, Arcadia, FL 34266. Phone: 1-863-993-4876. Hours: Monday-Friday 8:30 AM-noon and 1:00 PM-4:30 PM.

The Clerk of the Circuit Court charges $10 for the first page plus $9 for each additional page.

Recording Office Record

Clerk of the Circuit Court

DeSoto County

Hours

Monday-Friday 8:30 AM-noon and 1:00 PM-4:30 PM

Office

115 East Oak Street, Room 101, Arcadia, FL 34266

Fees

Recording fees

Base fee (first page)$10
Each additional page$8.5

Fla. Stat. 28.24(13), (13)(c), (13)(d), (13)(e); Fla. Stat. 201.02(1)(a)

Verified October 16, 2026 · Source

Probate Attorneys Serving DeSoto County

Florida uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in DeSoto County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Florida uses a presumed-reasonable fee schedule for probate attorneys — the percentages are a starting point that can be negotiated, especially for simple estates. DeSoto County firms typically follow the schedule for routine work and negotiate on complex matters.

A probate attorney files the petition with the Clerk of Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

Arcadia firm on North Brevard Avenue serving DeSoto County and the surrounding central and southwest Florida communities. Guides personal representatives and trustees through estate and trust administration — asset distribution, creditor matters, and fiduciary duties — and drafts wills, trusts, powers of attorney, and medical directives. Cole Brewer is an Arcadia native.

Serves 1 countyEstate PlanningTrust AdministrationProbateWills Trusts

Arcadia solo practice and one of the few probate firms based in Florida's inland Heartland, serving DeSoto, Hardee, Highlands, Charlotte, Sarasota, Lee, Pinellas and Hillsborough counties. Paul Seusy handles probate and probate litigation alongside elder law, real estate litigation and family matters, and states plainly that he is not certified by Florida as a specialist.

Solo PracticeServes 8 countiesProbateProbate LitigationElder LawFamily LawReal Estate Litigation

Sebring practice serving Highlands County and Florida's Heartland -- Sebring, Lake Placid, and Avon Park -- and, by its own account, the county's oldest law firm, established in 1940. Guides families through estate administration, from court acceptance of the will through liquidating liabilities and distributing assets to heirs, and handles guardianships and estate planning.

Solo PracticeSince 1940Serves 2 countiesEstate PlanningProbateElder LawGuardianshipWills Trusts

Sarasota elder-law and probate practice operating since 1983 across Sarasota, Manatee, DeSoto, and Charlotte counties. Works with personal representatives through the Twelfth Judicial Circuit on inventory, creditor claims, homestead, and accountings, plus trust administration and guardianship. Ira Wiesner is a Florida Bar board-certified elder law specialist.

Since 1983Serves 4 countiesFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateProbate LitigationElder LawGuardianship

Brandon firm headquartered on E. Bloomingdale Avenue, with probate offices in Lakeland and New Port Richey serving Hillsborough, Polk, and Pasco counties. Handles formal, summary, and ancillary administration, homestead and creditor-claim issues, and personal-representative duties, plus will contests, removal petitions, and trust litigation. Brice Zoecklein is the managing attorney.

Serves 3 countiesFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationGuardianship+2

Gainesville firm handling probate in every Florida county on a flat fee, with an Ocala office and a fully remote administration process. Founding partner R. Nadine David advised Florida circuit court probate judges as a probate court staff attorney before entering private practice in 2014. Handles formal and summary administration, trust administration, and estate litigation.

Since 2014Serves the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation

See all 23 firms serving DeSoto County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

Legal Sources

(8)·

Data sourced from Florida statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Florida

Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Florida.

How Do I Settle an Estate?

Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in Florida happens outside court: the trustee acts under the state's Uniform Trust CodeFla. Stat. § 736.0101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysFla. Stat. §§ 736.0813, 736.1008, 736.10081Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.

Get the Answer

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