Probate and Guardianship
Effective January 1st, 2024:
Pursuant to Florida Statute 28.24(9)(a), a fee of $7.00 will be assessed for verifying that the Statement of Claim was served and noting the date of service.
The Civil Division handles all probate and guardianship cases in the Circuit Court. This includes incapacity petitions, petitions to approve settlements for minors, and injunctions for protection of vulnerable adults.
Important Information about Probate Matters:
The Clerk will only record and index in the county’s Official Records probate documents listed in F.S. 28.223 and 28.2401. Recording fees are required for any other document, including Lis Pendens, death certificates, or other petitions, pleadings, papers, or orders relating to probate matters.
There will be a $1.00 index fee to process all Miscellaneous Wills. If you request the Clerk to prepare, sign and seal a Receipt for a Miscellaneous Will, there will be a $7.00 preparation fee. (F.S. 28.24). The Clerk will provide a copy of the receipt for payment for indexing at no charge, and this receipt for payment will reflect the date received, and the Miscellaneous Will case number.
A Notice of Trust filed in the Probate Department will require a $41.00 filing fee, whether it is filed in an existing case, or filed as a new case. F.S. 28.2401.
Important Information about Guardianships:
The Clerk will provide a copy of the receipt for payment for recording the Declaration for Pre-Need Guardian. If a Receipt for Pre-Need Guardian is requested, the Clerk’s fee for preparation of this Receipt will be $7.00. F.S. 28.24.This fee is in addition to any applicable fee for recording the declaration in the Official Records.
Florida Statute 744.367 requires guardians to file an Annual Guardianship Plan with the Court within 90 days after the last day of the anniversary month that the Letters of Guardianship were signed. The plan must cover the coming fiscal year ending on the last day of such anniversary month. The reporting date for Guardianship Annual Accounting will remain the same.
Helpful Links
Self-Represented Litigant Account Request – YouTube
Self-Represented Litigant DIY Documents in the Portal – YouTube
Self-Represented Litigant Filing a New Case – YouTube
Self-Represented Litigant Filing to Existing Case – YouTube
