How Do I File Probate in Polk County, Florida?
A step-by-step guide to filing at the Clerk of Circuit Court & Comptroller—what documents you'll need, where to go, and what happens after you file.
If you're handling probate yourself in Polk County, Florida, you can file at the Clerk of Circuit Court & Comptroller 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 10th Judicial Circuit.
Your Filing Options
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 Polk 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 InformationCan You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Clerk of Circuit Court & Comptroller is realistic for your situation.
Clerk publishes two fillable probate forms (Disposition of Personal Property Without Administration; Statement of Claim - Probate) and links the Florida Courts Self-Help probate forms and the 10th Judicial Circuit. Statewide Supreme Court-approved probate forms at https://help.flcourts.gov/.
Get the Polk County probate forms →For a detailed cost comparison and filing checklist, see the full Polk County Self-Filing Assessment.
Polk 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 wills accepted only at the Bartow courthouse
Original wills must be deposited at the Polk County Courthouse in Bartow; the Lakeland and Northeast (Lake Alfred) offices do not accept will deposits. The custodian must deposit the will within 10 days of receiving information of the death and provide the decedent's date of death or Social Security number.
SourcePolk County Forms
This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.
In-Person Filing
The Clerk of Circuit Court & Comptroller is located at 255 N. Broadway Avenue, Bartow, FL 33830. Phone: 863-534-4000. Hours: Monday - Friday, 8:00 AM - 4:30 PM.
What to Bring
To file at the Clerk of Circuit Court & Comptroller 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.
Court Resources
Additional resources, forms, and fee schedules are available on the Clerk of Circuit Court & Comptroller website.
Court information verified June 2, 2026 · Source
Frequently Asked Questions
You open probate by filing a petition with the Clerk of Circuit Court & Comptroller in Polk County, attaching the original will (if any), the death certificate, and the filing fee ($395). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Polk County uses the standard Florida probate forms — the court's website lists the current versions.
Florida permits self-representation, but formal probate procedures make it impractical for most families. The Clerk of Circuit Court & Comptroller staff can accept filings but cannot give legal advice. Check the Florida self-filing assessment before deciding.
Yes. The Clerk of Circuit Court & Comptroller in Polk County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
Clerk of Circuit Court & Comptroller
Polk County
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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