What to Do When Someone Dies in Polk County, Florida

Probate in Polk County runs through the Clerk of Circuit Court & Comptroller: 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 Polk County, settling their estate runs through the Clerk of Circuit Court & Comptroller. 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 & Comptroller

Polk County · 10th Judicial Circuit

Address

255 N. Broadway AvenueBartow, FL 33830

Hours

Monday - Friday, 8:00 AM - 4:30 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

County forms

Fourth largest county by area in Florida. Located between Tampa and Orlando. Probate mailing: P.O. Box 9000, Drawer CC-4, Bartow, FL 33831.

Verified July 3, 2026 · Source

How Probate Works in Polk 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 Polk County, probate runs through the Clerk of Circuit Court & Comptroller at 255 N. Broadway Avenue, Bartow. The court sits in the 10th Judicial Circuit. The same 10th Judicial Circuit also serves Hardee and Highlands.

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 Polk County

What probate costs in Polk 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 255 N. Broadway Avenue, Bartow. The court is part of the 10th 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 & Comptroller (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 & Comptroller

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.

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 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 & Comptroller is realistic.

For a full cost comparison and filing checklist, see the 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.

Source

Polk County Forms

This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.

Disposition of Personal Property Without Administration

Download

Release of a decedent's personal property without formal administration

Statement of Claim - Probate

Download

Filing a creditor claim against an estate

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.

Transferring Property in Polk 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 Polk County are recorded with the Clerk of the Circuit Court at 255 N. Broadway Avenue, Bartow, FL 33830. Phone: 863-534-4000. Hours: Monday-Friday 8:00 AM - 4:30 PM.

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

Polk County accepts electronic recording through CSC, eRecording Partners Network (ePN), File and Go, Indecomm Global Services, Simplifile.

Recording Office Record

Clerk of the Circuit Court

Polk County

Address

255 N. Broadway AvenueBartow, FL 33830

Hours

Monday-Friday 8:00 AM - 4:30 PM

E-recording

Available via CSC, eRecording Partners Network (ePN), File and Go, Indecomm Global Services, Simplifile
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 Polk County

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

FirmLakeland, FL

Craig A. Mundy, P.A.

Since 2000 · Serves 1 county

Lakeland practice serving Polk County and Central Florida, limited to estate planning, probate, and trust administration. Two attorneys handle formal and summary administration, business succession planning, and estate tax minimization, and offer homebound and hospital consultations. Founder Craig A. Mundy is also a certified public accountant.

PracticesEstate PlanningTrust AdministrationTax PlanningProbate Administration

Office
4927 Southfork DrLakeland, FL 33813

FirmLakeland, FL

Medina Law Group, P.A.

Serves 1 county

Lakeland firm on South Florida Avenue serving Polk County and central Florida. Handles probate and estate administration, trust administration, wills and trusts, advance directives, gun trusts, and guardianship. Daniel Medina is board certified by The Florida Bar in Wills, Trusts and Estates, and the firm serves clients in English and Spanish.

PracticesEstate PlanningTrust AdministrationTax PlanningGuardianshipand 3 more

Office
425 S. Florida Ave., Suite 101Lakeland, FL 33801
Virtual consultations

Solo PracticeLakeland, FL

The Law Office of Joshua W. Westcott

Serves 1 county

Lakeland attorney serving families in Polk County for nearly two decades with probate and estate planning services. Former Assistant State Attorney for the Ninth Judicial Circuit. Handles administrations of estates, letters of administration, preparation of wills, durable powers of attorney, healthcare surrogates, and advanced directives.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
206 Easton DriveLakeland, FL 33803
Free consultationVirtual consultations

FirmBrandon, FL

Zoecklein Law, P.A.

Serves 3 counties

Brandon firm headquartered on E. Bloomingdale Avenue, with probate offices in Lakeland and New Port Richey serving Hillsborough, Polk, and Pasco counties. Handles formal, summary, and ancillary administration, homestead and creditor-claim issues, and personal-representative duties, plus will contests, removal petitions, and trust litigation. Brice Zoecklein is the managing attorney.

PracticesEstate PlanningTrust AdministrationProbate LitigationGuardianshipand 3 more

Office
150 E. Bloomingdale AvenueBrandon, FL 33511
Free consultation

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
See all 22 firms serving Polk 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.