What to Do When Someone Dies in Polk County, Florida

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

Probate Court Record

Polk County Clerk of Circuit Court & Comptroller

Polk County · 10th Judicial Circuit

Hours

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

Office

255 North Broadway Avenue, Bartow, FL 33830

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 publishes two fillable probate forms, the disposition of personal property petition and the Statement of Claim. On request, a deputy clerk in the Probate Department can assist with preparing a disposition application. A petition to appoint a personal representative is normally prepared by an attorney.

Verified October 15, 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 North 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. 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 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 North Broadway Avenue, Bartow. The court is part of the 10th 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 Polk County, Florida are filed at the Clerk of Circuit Court & Comptroller. The court sits in the 10th Judicial Circuit.

Beside the filing office, the court lists a separate line for Probate/Guardianship (mail).

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 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

Document Requirements

A disposition filing includes paid funeral and medical bills and a death certificate

The Clerk lists the original will if there is one, an itemized paid funeral bill and paid receipts for medical expenses of the 60 days before death, each showing who paid, a death certificate, a statement of the asset to be released and the filer's identification. The disposition cannot include real property.

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 Polk County

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

Vital Records Office Record

Local Registrar

Polk County · Florida Department of Health in Polk County, Lake Alfred Office of Vital Statistics

Hours

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

Office

Government Center Boulevard, Lake Alfred, FL 33850

Certified copies

At the counter

Mail

1290 Golfview Avenue Bartow, FL 33830

Verified November 1, 2026 · Source

Coroner or Medical Examiner Record

District Medical Examiner

Polk County · Polk County Medical Examiner's Office

Office

1021 Jim Keene Boulevard, Winter Haven, FL 33880

Serves this county

Polk County Medical Examiner's Office (District 10 (Hardee, Highlands and Polk Counties))

Verified November 1, 2026 · Source

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 North Broadway Avenue, Bartow, FL 33830. Phone: 1-863-534-4000. 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, ePN, Hopdox, Indecomm, QuickDeeds and Simplifile.

Recording Office Record

Clerk of the Circuit Court

Polk County

Hours

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

Office

255 North Broadway Avenue, Bartow, FL 33830

Fees

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 October 16, 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 AdministrationProbateTax Planning

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 AdministrationProbateTax Planningand 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 PlanningProbateWills 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 AdministrationProbateProbate Litigationand 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 AdministrationProbateProbate LitigationTrust Litigation

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 AdministrationProbateElder LawWills 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

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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.

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