What to Do When Someone Dies in Monroe County, Florida

Probate in Monroe County runs through the Clerk of Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Monroe County, settling their estate runs through the Clerk of Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Clerk of Circuit Court

Monroe County · 16th Judicial Circuit

Address

500 Whitehead StreetKey West, FL 33040

Hours

Monday - Friday, 8:30 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

Comprises the Florida Keys. Southernmost county in continental U.S. Additional offices: Marathon (3117 Overseas Highway, Marathon, FL 33050, 305-289-6027) and Plantation Key (88770 Overseas Highway, Suite 2, Plantation Key, FL 33070, 305-852-7145).

Verified July 3, 2026 · Source

How Probate Works 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.

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. The 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Monroe County

What probate costs in Monroe 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 500 Whitehead Street, Key West. The court is part of the 16th Judicial Circuit.

Florida charges $399Fla. Stat. § 28.2401(1)(g), (3)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Clerk of Circuit Court (https://www.myflcourtaccess.com/). Self-represented filers can request a paper-filing exemption.

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.

Executor compensation is based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Florida requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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

If you're handling probate yourself in Monroe County, Florida, you can file at the Clerk of Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 16th Judicial Circuit.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Monroe County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Clerk of Circuit Court is realistic.

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

What to Bring

To file at the Clerk of Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Monroe 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 Monroe County are recorded with the Clerk of the Circuit Court at 500 Whitehead Street, Key West, FL 33040. Phone: 305-292-3458. Hours: Monday-Friday 8:30 AM - 5:00 PM.

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

Monroe County accepts electronic recording through Simplifile, RecordNation, eRecording Partners Network (ePN), CSC, HopDox.

Recording Office Record

Clerk of the Circuit Court

Monroe County

Address

500 Whitehead StreetKey West, FL 33040

Hours

Monday-Friday 8:30 AM - 5:00 PM

E-recording

Available via Simplifile, RecordNation, eRecording Partners Network (ePN), CSC, HopDox
Visit recorder website →

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 September 4, 2026 · Source

Probate Attorneys Serving Monroe County

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

FirmMarathon, FL

Cunningham Miller Rhyne, P.A.

Since 1953 · Serves 1 county

Marathon firm working the Sixteenth Judicial Circuit, which covers the whole of Monroe County and the Keys. Its probate practice is listed by track -- formal, summary and ancillary administration, plus will contests -- and a senior attorney handles probate and trust administration alongside asset protection. Three attorneys in one Overseas Highway office, practicing in the Keys since 1953.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate Litigationand 4 more

Office
10075 Overseas HwyMarathon, FL 33050

FirmKey West, FL

Law Offices of Samuel J. Kaufman, P.A.

Since 2002 · Serves 1 county

Key West firm working the Sixteenth Judicial Circuit courthouses in Monroe County. Handles probate administration and the administration of trusts, and its estate service list runs to guardianships, gifting of assets, healthcare surrogate designations and Medicaid trusts. Payment plans and credit cards are accepted.

PracticesEstate PlanningTrust AdministrationGuardianshipMedicaid Planningand 3 more

Office
3130 Northside DriveKey West, FL 33040

Solo PracticeSpring Hill, FL

Buck Law Group, P.A.

Serves 2 counties

Spring Hill practice serving Hernando County, with a second office in Key West (Monroe County). David A. Buck limits the practice to estate planning and estate administration: formal, summary, and ancillary probate, creditor claims, successor trustee guidance, and trust accountings. Over 30 years of practice.

PracticesEstate PlanningTrust AdministrationAsset ProtectionProbate Administration

Office
5330 Spring Hill Drive, Suite ESpring Hill, FL 34606

FirmGainesville, FL

Florida Probate Law Group

Since 2014 · Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust LitigationProbate Administration

Office
201 SE 2nd Ave, Suite 210Gainesville, FL 32601
Free consultationVirtual consultations

FirmBradenton, FL

Gerling Law Group Chartered

Since 2004 · Serves the whole state

Bradenton firm on State Road 70 East serving Manatee and Sarasota families, and accepting probate cases in any Florida county. Guides personal representatives and trustees through probate and trust administration, and handles estate planning, wills, trusts, and elder law as a National Academy of Elder Law Attorneys member. Rodney D. Gerling and Dana Laganella Gerling founded the firm in 2004.

PracticesEstate PlanningTrust AdministrationElder LawProbate AdministrationWills Trusts

Office
6148 State Road 70 EBradenton, FL 34203
Free consultation

FirmFort Lauderdale, FL

Ginsberg Shulman, PL

Serves the whole state

Fort Lauderdale two-attorney firm in which both partners hold Florida Bar board certification: David Shulman in Wills, Trusts and Estates and Jill Ginsberg in Elder Law. Handles probate and trust administration for Broward and Palm Beach fiduciaries, plus guardianship — including emergency temporary guardianship — estate planning, and asset protection. Takes probate matters anywhere in Florida.

PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 4 more

Office
300 SE 2nd St, Suite 600Fort Lauderdale, FL 33301
Virtual consultations
See all 21 firms serving Monroe 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.

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Legal Sources

Data sourced from Florida statutes and official state code. How we research.