Estate Planning & Probate in Lee County, Florida
Most Lee County estate questions come down to one fork: avoid probate before a death, or work through it after one. Start with your situation below; both paths use Lee County's actual court and recording details.
The Probate Process in Lee 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 Lee County, probate runs through the Clerk of Circuit Court at 2075 Dr. Martin Luther King Jr. Boulevard, 2nd Floor, Fort Myers. The court sits in the 20th Judicial Circuit. The same 20th Judicial Circuit also serves Charlotte, Collier, Glades and Hendry.
Full Lee County probate guide: cost, how to file & attorneys →Probate Court Record
Lee County Clerk of Circuit Court
Lee County · 20th Judicial Circuit
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
How to file probate in Lee County →
Verified October 15, 2026 · Source
Recording Office Record
Clerk of the Circuit Court
Lee County
Phone
Hours
Office
Website
Recording fee
Verified October 16, 2026 · Source
Vital Records Office Record
Local Registrar
Lee County · Florida Department of Health in Lee County, Vital Statistics
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
District Medical Examiner
Lee County · Office of the District 21 Medical Examiner
Phone
Hours
Office
Website
Serves this county
Full coroner or medical examiner details →
Verified November 1, 2026 · Source
Local Procedures at the Clerk of Circuit Court
The Clerk's Self-Help Center offers legal resources, forms, internet access, public computers, notary and copy services. Lee County Legal Aid holds free virtual consultations there for civil and family matters; the center's form-preparation assistance covers family, injunction, small claims, eviction and record-sealing forms, not probate.
Wills cannot be e-filed. A will deposited after a death goes to the Clerk at the Justice Center, second floor, or by mail to the probate mailing address, with the Clerk's coversheet for a will submitted for safekeeping. A will filed in the wrong county is returned only through a new probate action asking the court to release it. Forms and instructions can be downloaded from the Clerk's Forms Library or requested from the Probate Department by mail with a self-addressed stamped envelope.
Forms for Planning and Settling an Estate in Florida
Free Florida forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Florida.
Last Will and Testament
In Florida, a will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyFla. Stat. § 732.502Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Florida, a pour-over will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Florida requires 2Fla. Stat. § 765.203Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredFla. Stat. § 765.203Verified Oct 15, 2026View source.
Financial Power of Attorney
Florida requires explicit durability language for a power of attorney to survive incapacityFla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Oct 21, 2026View source, and it is signed before 2Fla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Oct 21, 2026View source witnesses and a notary.
Tools for Planning and Settling an Estate in Florida
Free calculators and checklists to plan or settle an estate in Florida: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests.
Who Inherits Without a Will?
Without a will in Florida, a surviving spouse takes the entire estateFla. Stat. § 732.102Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesFla. Stat. § 732.104Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source.
Florida Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Lee County.
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