The Probate Department manages cases involving the distribution of the estates of a deceased person. The department also handles the administration of guardianships and trusts.
Probate is the legal process in which the assets of a deceased person are collected and inventoried, then distributed to pay creditors' claims against the estate. If there are remaining assets, they are then distributed to the heirs or beneficiaries of the person who passed away. The court determines the validity of the will and oversees the process to make sure the estate is properly administered.
A guardianship is a legal procedure in which one person has been appointed by a court to serve as the guardian of another person and to act on behalf of that person and/or his or her property. The person placed under a guardian is called the ward and may be a minor, an incapacitated adult or an adult who has voluntarily asked for a guardian to act on his or her behalf.
A trust is any arrangement in which property is transferred so it can be administered by a trustee for the benefit of another person. Trusts are not typically filed with the Clerk of Courts, but certain petitions are filed with the Probate Department. These include petitions to change the nature of the trust or to address any adversarial issues regarding the trust.
Please note that, as stated in Probate Rule 5.030 of Florida Rules of Court, "Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida." The Clerk’s Office cannot, by law, offer legal advice or assist in preparing legal forms. If you need legal advice, you may want to consider speaking with an attorney.
| Fee Description | Amount |
|---|---|
| Formal Administration | $401.00 |
| Summary Administration (estates valued @ $1,000 or more) | $346.00 |
| Summary Administration (estates valued @ less than $1,000) | $236.00 |
| Petition and One Order | $232.00 |
| Petition and Order to Admit Will, Authenticated Copies or Transcript of Record | $232.00 |
| Guardianship of the Person & Property | $400.00 |
| Guardianship of the Property Only | $400.00 |
| Guardianship of the Person Only | $235.00 |
| VA Guardianship | $235.00 |
| Caveat | $42.00 |
| Notice of Trust | $42.00 |
| Copies per page | $1.00 |
| Additional fee for certification | $2.00 |
| Additional fee for exemplification | $7.00 |
| Disposition of personal property | $231.00 |
| Petition for determination of incompetency | $231.00 |
| Reopen Fee | $50.00 |
| Attorney appearing pro hac vice | $100.00 |
| Maintain professional guardian files | $7.50 |
| Verified Inventory: Value of ward's property exceeds $25,000 | $85.00 |
| Modification of Trust | $401.00 |
| Fee Description | Amount |
|---|---|
| Estates with a value of $25,000 or less | $20.00 |
| Estates with a value of more than $25,000 up to and including $100,000 | $85.00 |
| Estates with a value of more than $100,000 up to and including $500,000 | $170.00 |
| Estates with a value of more than $500,000 | $250.00 |