Overview
DeSoto County is located in Florida with a population of approximately 36,744. The DeSoto County Circuit Court 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 Chapter 733. 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 (or if the decedent has been dead for more than 2 years). There is also Disposition Without Administration for very small estates to reimburse funeral and medical expenses.
Florida law sets statutory fees for attorneys (Fla. Stat. § 733.6171) and personal representatives (Fla. Stat. § 733.617), typically based on a percentage of the compensable estate value.
This guide provides an informational overview of the DeSoto 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
DeSoto County Circuit Court
Probate matters in DeSoto County are handled at the DeSoto County Courthouse.
Address: 115 East Oak Street, Room 101, Arcadia, FL 34266
Phone: (863) 993-4876 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (closed 12:00 PM to 1:00 PM for lunch)
The Clerk of the Circuit Court & Comptroller's Probate Division is located on the first floor. The historic courthouse is situated in downtown Arcadia.
Parking and Access
Free street parking is generally available around the courthouse square. There are also public parking lots nearby. Security screening is required for entry into the courthouse.
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 more than 2 years.
- Disposition Without Administration: For very small estates to reimburse the person who paid for funeral expenses and medical bills (assets must be exempt or less than preferred funeral expenses).
- 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 Formal Administration with the DeSoto County Circuit Court. Include:
- Petition for Administration
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee ($400.00)
- Oath of Personal Representative and Designation of Resident Agent
Attorneys are required to file documents electronically via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Serve Notice of Administration on the surviving spouse, beneficiaries, and other interested parties.
- Publish Notice to Creditors in a newspaper of general circulation in DeSoto County (e.g., The Arcadian) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, though many uncontested matters are handled ex parte (without a hearing) if all documents are in order. If approved, the judge issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors on known creditors (3-month claim period)
- Inventory and appraise all estate assets within 60 days of appointment
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Accounting and Petition for Discharge
Local Requirements
DeSoto County-Specific Procedures
- E-filing: Mandatory for attorneys via the Florida Courts E-Filing Portal. Pro se litigants may file in person or by mail.
- Checklists: The 12th Judicial Circuit often uses checklists for probate petitions to ensure all requirements are met before judicial review.
- Proposed Orders: Should be submitted in Microsoft Word format through the E-Filing Portal or as directed by the judge's office.
- Publication: Notice must be published in a newspaper of general circulation in DeSoto County for two consecutive weeks.
Consult the 12th Judicial Circuit Administrative Orders for specific local rules regarding probate and guardianship.
Timeline & Fees
Filing Fees (DeSoto County)
- Formal Administration: $400.00
- Summary Administration (>$1,000): $345.00
- Summary Administration (<$1,000): $235.00
- Disposition Without Administration: $231.00
- Caveat: $41.00
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$200 depending on the newspaper
Florida statutes provide a fee schedule for attorneys and personal representatives, generally starting at roughly 3% of the estate value for the first $1 million.
Payment Methods
The court accepts cash, cashier's checks, money orders, and business checks. Credit cards are accepted with a convenience fee (typically 3.5%).
Estimated Timelines
- Simple estates (Summary Administration): 1-3 months
- Average estates (Formal Administration): 6-9 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period (3 months from publication) sets a minimum duration for formal administration.
Local Resources
DeSoto County Court Resources
- Court Website: desotoclerk.com
- Probate Information: DeSoto Clerk Probate
- 12th Judicial Circuit Forms: 12th Circuit Court Forms
Legal Aid and Attorney Referrals
- The Florida Bar: (850) 561-5600 — Regulatory body for lawyers in Florida
- Florida Rural Legal Services: (888) 582-3410 — Legal aid for qualified low-income residents
- Florida Bar Lawyer Referral Service: floridabar.org/lrs
Publication
- The Arcadian: (863) 494-2434 — Local newspaper of general circulation
- DeSoto County News: (863) 494-0303 — Local news publication