Overview
Collier County is located in Florida with a population of approximately 416,233. The Circuit Court for Collier County, Probate Division handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Florida probate is governed by Florida Statutes Chapters 731-735. The process begins with filing a Petition for Administration to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Florida offers Summary Administration for estates valued at $75,000 or less (excluding exempt property) or if the decedent has been dead for more than two years. There is also a Disposition of Personal Property without Administration process for very small estates to reimburse those who paid for funeral or final medical expenses.
Florida law provides a statutory fee schedule for attorneys (presumed reasonable at approximately 3% for the first $1 million of estate value), though fees can be negotiated. Personal representatives are also entitled to a commission based on estate value.
This guide provides an informational overview of the Collier County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Collier County Courthouse
Probate matters in Collier County are handled at the Collier County Government Center.
Address: 3315 Tamiami Trail East, Suite 102, Naples, FL 34112-5324
Phone: (239) 252-2646 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the Clerk of the Circuit Court & Comptroller's office. It is located within the main government complex in East Naples.
Parking and Access
Free parking is available in the parking garage located on the south side of the Courthouse complex. Public access is typically through the main entrance where security screening is required.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Administration: For estates valued at $75,000 or less, or if the decedent has been dead for >2 years.
- Disposition of Personal Property without Administration: For reimbursement of funeral and/or medical expenses (up to applicable limits) from personal property assets.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Administration with the Circuit Court for Collier County. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $400)
- Oath of Personal Representative and Designation of Resident Agent
E-filing is mandatory for attorneys via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (Formal Notice) to all heirs, beneficiaries, and interested parties.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Collier County (e.g., Naples Daily News) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. Many uncontested probate matters in Collier County are handled ex parte (without a hearing) if all documents are in order, but a hearing may be scheduled if there are objections. If approved, the judge issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors (3-month creditor claim period)
- Inventory and appraise all estate assets within 60 days of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Collier County-Specific Procedures
- E-filing: Mandatory for attorneys; self-represented litigants may file in person or by mail, but e-filing is encouraged.
- Checklists: The Collier County Clerk often provides checklists for Summary and Formal Administration to ensure all required documents are filed.
- Local Court Rules: The 20th Judicial Circuit may have specific administrative orders regarding probate; check the court website for the latest updates.
- Publication: Notice must be published in a newspaper of general circulation in Collier County for two consecutive weeks.
Consult the Collier County Clerk of Courts Probate Division for the most current local forms and requirements.
Timeline & Fees
Filing Fees (Collier County)
- Formal Administration: approximately $400
- Summary Administration: approximately $235 - $345 (depending on asset value)
- Disposition of Personal Property: approximately $231
- Caveat: approximately $41
- Certified copies: approximately $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$300 depending on the newspaper
Florida statutes provide a schedule for reasonable attorney fees (e.g., roughly $1,500 for estates up to $40k; $2,250 for $40k-$70k; $3,000 for $70k-$100k; 3% for $100k-$1M).
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply).
Estimated Timelines
- Simple estates (Summary Administration): 1-3 months
- Average estates (Formal Administration): 6-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period (3 months from publication) is a primary factor in the timeline.
Local Resources
Collier County Court Resources
- Court Website: collierclerk.com
- Probate Self-Help: Collier Clerk Probate Info
- Florida Courts: flcourts.gov
Legal Aid and Attorney Referrals
- Collier County Bar Association Lawyer Referral Service: (239) 252-8138
- Legal Aid Service of Collier County: (239) 775-4555 — Free civil legal services for eligible low-income residents
- The Florida Bar Lawyer Referral: floridabar.org
Publication
- Naples Daily News: (239) 213-6000 — Major local newspaper
- Collier Citizen: (239) 213-6000 — Local community paper