What to Do When Someone Dies in Martin County, Florida

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

Probate Court Record

Martin County Clerk of Circuit Court & Comptroller

Martin County · 19th Judicial Circuit

Hours

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

Office

100 Southeast Ocean Boulevard, Stuart, FL 34994

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

AllowedThe Clerk's Probate Division helps complete the petition for disposition of personal property without administration and presents it to the probate judge, but cannot give legal or procedural advice. An attorney is not needed to deposit a will, and the Nineteenth Judicial Circuit states that formal administration requires an attorney unless the filer is the sole beneficiary. The circuit publishes pro se probate forms, including a petition for summary administration, on its forms and checklists page.

Verified October 15, 2026 · Source

How Probate Works in Martin 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 Martin County, probate runs through the Clerk of Circuit Court & Comptroller at 100 Southeast Ocean Boulevard, Stuart. The court sits in the 19th Judicial Circuit. Martin County shares the 19th Judicial Circuit with Indian River, Okeechobee and St Lucie.

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 Martin County

What probate costs in Martin 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 & Comptroller at 100 Southeast Ocean Boulevard, Stuart. The court is part of the 19th 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 & Comptroller

Probate cases in Martin County, Florida are filed at the Clerk of Circuit Court & Comptroller. The court sits in the 19th Judicial Circuit.

Beside the filing office, the court lists separate lines for Probate & Guardianship Division and Probate Division, 19th Judicial Circuit.

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 Martin County Self-Filing Assessment.

Martin 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

Original will deposited with the Clerk within 10 days of death

Under Fla. Stat. 732.901 the custodian deposits the original will with the Clerk having venue of the estate within 10 days after learning of the death, with the date of death or the testator's Social Security number. The Clerk charges an indexing fee to deposit a will.

Source

Original wills, codicils and death certificates are filed on paper

The Nineteenth Judicial Circuit sends most probate filings through the Florida Courts e-filing portal, but original wills, original codicils and original death certificates are filed in paper form with the Clerk. Self-represented filers submit a contact information form with their filings so signed orders reach them.

Source

Document Requirements

Documents for a disposition of personal property without administration

The Clerk lists the original will if one exists, a certified copy of the death certificate, the funeral home statement showing who paid the bill, signed and notarized consents from all heirs, and statements for the assets to be transferred. The procedure is not available when real property is involved, and the institution holding the assets generally requires a certified copy of the Order for Payment of Funds.

Source

What to Bring

Filed with the opening petition at the Clerk of Circuit Court & Comptroller: 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 Martin County

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

Vital Records Office Record

Local Registrar

Martin County · Florida Department of Health in Martin County

Office

3441 Southeast Willoughby Boulevard, Stuart, FL 34994

Certified copies

At the counter

Local rule

  • A legible copy of a valid driver license, passport, state-issued ID or military identification card accompanies every request.

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

District Medical Examiner

Martin County · Office of the Medical Examiner - District 19

Hours

Monday-Friday 8:00 AM-4:15 PM

Office

2500 South 35th Street, Building I, Fort Pierce, FL 34981

Serves this county

Office of the Medical Examiner - District 19 (District 19 (Indian River, Martin, Okeechobee and St. Lucie Counties))

Mail and offices

Fax

1-772-464-2409

Verified November 2, 2026 · Source

Funeral Homes in Martin County

8 funeral homes and crematories in Martin County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.

In Jensen Beach, Aycock Funeral Home was established in 1973 as the second Aycock home on the Treasure Coast. Its services include a traditional funeral with a cemetery burial, a cremation with remains scattered in a meaningful place and memorials with live music and favorite foods. For seasonal residents, the home arranges out-of-state transfers.

Spanish spokenBurialCremationPre-need arrangementsVeterans servicesOut-of-state and international transport

In Stuart, Aycock Funeral and Cremation Center serves families in the city and neighboring communities with traditional and contemporary funerals and cremations. Cremation choices run from a simple cremation without a memorial service to a full funeral service and catered reception. It works with families on arrangements in advance, in person or virtually.

CremationPre-need arrangements

See all 8 funeral homes in Martin County →

Funeral homes by city: Jensen Beach, Palm City, Stuart

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

Transferring Property in Martin 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 Martin County are recorded with the Clerk of the Circuit Court at 100 Southeast Ocean Boulevard, Stuart, FL 34994. Phone: 1-772-288-5576. Hours: Monday-Friday 8:00 AM-5:00 PM.

Documents submitted by mail go to P.O. Box 9016, Stuart, FL 34995-9016.

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

Martin County accepts electronic recording through CSC, Simplifile, e-Docs Solutions and ePN.

Recording Office Record

Clerk of the Circuit Court

Martin County

Hours

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

Office

100 Southeast Ocean Boulevard, Stuart, FL 34994

E-recording

available via CSC, Simplifile, e-Docs Solutions and ePN

Mail

P.O. Box 9016 Stuart, FL 34995-9016

Verified October 16, 2026 · Source

Probate Attorneys Serving Martin County

Florida uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Martin 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. Martin 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 & Comptroller, 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.

Palm Beach Gardens firm serving Palm Beach and Martin counties from Jupiter and Tequesta to Hobe Sound and Wellington. Handles estate and trust administration, probate and trust litigation, fiduciary disputes, guardianships, and estate and gift tax planning. All three named partners are board certified by The Florida Bar in Wills, Trusts and Estates.

Since 1994Serves 2 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+3

Palm Beach Gardens tax and estate firm with additional offices in Boca Raton, Palm Beach, and Stuart. Handles probate and estate administration, estate, trust and guardianship litigation, asset protection, charitable and special needs planning, and estate tax planning. The roster includes board certified tax lawyers and several CPAs.

Serves 2 countiesFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTax Planning+3

Palm Beach Gardens firm handling probate and trust administration, guardianship, elder law and Medicaid, and estate tax planning for Palm Beach County families. Founded by Rebecca G. Doane in 2003; Randell C. Doane is board certified by The Florida Bar in wills, trusts and estates, and the firm is AV Preeminent rated by Martindale-Hubbell.

Since 2003Serves 3 countiesFree consultationEstate PlanningTrust AdministrationProbateElder LawTax PlanningGuardianship

North Palm Beach firm handling estate and probate litigation, probate and trust administration, guardianships, and elder financial exploitation cases in Palm Beach County. Preston Mighdoll led the Economic Crime and Crimes Against the Elderly Unit at the Fifteenth Circuit State Attorney's office from 1993 to 2012; Kathryn Lewis prosecuted elder exploitation in the same office.

Serves 2 countiesFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+2

Treasure Coast firm with offices in Port St. Lucie and Vero Beach, serving St. Lucie, Indian River, Martin, and Palm Beach county families. Handles probate, trust administration, Medicaid and elder law planning, guardianship, and special needs planning. A member firm of the American Academy of Estate Planning Attorneys.

Serves 4 countiesEstate PlanningTrust AdministrationProbateElder LawGuardianship+3

Palm Beach firm on Royal Palm Way serving Palm Beach County since 1975, with a second office in Tequesta. Handles formal and summary probate administration -- identifying beneficiaries, notifying creditors, paying debts and taxes, and distributing assets -- plus trust administration and estate and trust litigation.

Since 1975Serves 2 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation

See all 30 firms serving Martin 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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