Estate Planning & Probate in Monroe County, Florida
There are two reasons people look up Monroe County probate: to keep a family out of it, or to get a loved one's estate through it. This page points you to the right path—planning ahead, or settling an estate at the Clerk of Circuit Court.
The Probate Process in Monroe 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 Monroe County, probate runs through the Clerk of Circuit Court at 500 Whitehead Street, Key West. The court sits in the 16th Judicial Circuit.
Full Monroe County probate guide: cost, how to file & attorneys →Probate Court Record
Monroe County Clerk of Circuit Court
Monroe County · 16th Judicial Circuit
Phone
Hours
Office
Website
E-filing
Self-represented filing
How to file probate in Monroe County →
Verified October 15, 2026 · Source
Recording Office Record
Clerk of the Circuit Court
Monroe County
Phone
Hours
Office
Website
Recording fee
Verified October 16, 2026 · Source
Vital Records Office Record
Local Registrar
Monroe County · Florida Department of Health in Monroe County
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
District Medical Examiner
Monroe County · Monroe County Medical Examiner
Phone
Office
Website
Serves this county
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Clerk of Circuit Court
The custodian deposits the will with the Clerk within 10 days after learning of the death (Fla. Stat. 732.901); the Clerk does not accept a will for deposit before the testator's death. A creditor's claim is filed in duplicate within three months from the first publication of the notice of administration, and filing a claim carries no fee. The account must be the decedent's entire estate. The Clerk needs a copy of the paid-in-full funeral bill, a copy of the death certificate and full information on the asset, and when the filer did not pay the funeral bill, the written consent of the person who did.
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 Monroe County.
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