Where do I file for probate in Polk County, FL?

Probate petitions for estates in Polk County are filed at the Polk County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Polk County?

Probate filing fees in Polk County, Florida vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Polk County?

While not always legally required in Florida, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Florida, their assets are distributed according to state intestacy laws. The Polk County Probate Court will appoint an administrator to manage the estate.

Polk County Probate Court, Florida

Q: How long does probate take in Florida?

Probate in Florida typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Court Location & Contact

Address

255 N Broadway Ave, Bartow, FL 33830

Phone

863-534-4000

Visit Official Court Website

Filing Fees

Polk County, Florida

Fee Type	Amount
Disposition Without Administration	$231.00 – $232.00
Summary Administration (under $1,000)	$235.00 – $236.00
Summary Administration ($1,000 or more)	$345.00 – $346.00
Formal Administration	$400.00 – $401.00

Judges & Officers

JD

Judge Dana Y. Moore (Division 14)

Required Forms

Disposition (Fillable PDF)

Statement of Claim Probate (Fillable PDF)

Affidavit of Heirs (Fillable PDF)

Probate Guide

Probate in Polk County, Florida

The Polk County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Polk County, FL, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Florida, the probate court in each county oversees this process.

When Is Probate Required in Florida?

Probate is generally required when:

The deceased owned real estate solely in their name
The estate contains assets above Florida's small estate threshold
There are disputes among heirs or creditors
Assets are not held in a trust or joint tenancy

Steps to File for Probate in Polk County

Locate the will (if one exists) and gather the death certificate
File a petition with the Polk County Probate Court to open probate
Notify heirs and creditors as required by Florida law
Inventory the estate — identify all assets, debts, and liabilities
Pay debts and taxes — settle outstanding obligations from estate funds
Distribute remaining assets — according to the will or state intestacy laws
Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Florida, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Florida does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Polk County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Polk County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

All probate filings and original Wills are processed through the Clerk of the Circuit Court's office in Bartow. The original Last Will and Testament must be deposited with the Clerk in Bartow within 10 days of receiving notice of the death. Lakeland and Lake Alfred branch offices do not accept original Wills for safekeeping; they must be brought or mailed to the main Bartow location.

Polk County