Overview
Escambia County is located in Florida with a population of approximately 331,275. The Escambia County Clerk of the Circuit Court & Comptroller (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 simplified procedures for smaller estates:
* Summary Administration: Available if the estate's value is $75,000 or less, or if the decedent has been dead for more than two years.
* Disposition of Personal Property without Administration: A process to request reimbursement for funeral and medical expenses from the decedent's personal property (only available for very small amounts).
Florida law does not set a mandatory statutory fee for the personal representative, but they are entitled to reasonable compensation. Attorneys for the personal representative are entitled to statutory fees (e.g., roughly 3% for estates between $100,000 and $1 million), though this can be negotiated.
This guide provides an informational overview of the Escambia 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
M.C. Blanchard Judicial Building
Probate matters in Escambia County are handled at the M.C. Blanchard Judicial Building.
Address: 190 W Government St, Pensacola, FL 32502
Phone: (850) 595-4300 (Probate Division)
Hours: Monday through Thursday, 8:00 AM to 5:00 PM; Friday, 8:00 AM to 4:00 PM (CST)
The Probate Division is part of the Clerk of the Circuit Court & Comptroller's office. It maintains files on all probate proceedings, including formal administration, summary administration, and disposition of personal property without administration.
Parking and Access
There is no free public parking directly at the M.C. Blanchard Judicial Building. Paid parking is available in nearby surface lots and parking garages in downtown Pensacola. Visitors should be prepared for security screening upon entering the courthouse; cell phones and electronic devices may be restricted or require specific permission.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Administration: If the estate is valued at $75,000 or less (excluding exempt property) or the decedent has been dead for more than 2 years.
- Disposition of Personal Property without Administration: For very small estates consisting only of personal property (exempt from claims of creditors) to reimburse the person who paid for funeral or medical 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 Administration with the Escambia County Clerk of the Circuit Court. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Oath of Personal Representative
- Designation of Resident Agent
- Filing fee (approximately $400 for formal administration)
- Any additional required documents (e.g., Affidavit of Heirs)
E-filing is mandatory for attorneys and available for self-represented litigants via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the administration to all beneficiaries, heirs, and known creditors.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Escambia County (e.g., Pensacola News Journal or Escambia Sun Press) 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 a hearing is required, the judge reviews the petition and, if approved, issues Letters of Administration (or Letters Testamentary).
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 estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state law.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Escambia County-Specific Procedures
- E-filing: Florida mandates e-filing for attorneys. Self-represented litigants may also use the Florida Courts E-Filing Portal.
- Checklists: The First Judicial Circuit often uses checklists for probate files to ensure all required documents are present before submission to the judge.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Escambia County, such as the Pensacola News Journal or Escambia Sun Press. Proof of publication must be filed with the court.
- Ex Parte: Many routine probate orders can be submitted via the e-portal or by mail for ex parte review without a physical hearing, provided all consents and waivers are filed.
Always check the current administrative orders for the First Judicial Circuit for any updates to local rules.
Timeline & Fees
Filing Fees (Escambia County)
- Formal Administration: approximately $400.00
- Summary Administration: approximately $235.00 - $345.00 (depending on asset value)
- Disposition of Personal Property: approximately $231.00
- Caveat: approximately $41.00
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$250 depending on the newspaper
Note: Fees are subject to change. Check the Escambia County Clerk's Fee Schedule for the most current amounts.
Payment Methods
The Clerk accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, American Express, Discover). A service fee (typically 3.5%) applies to credit card transactions.
Estimated Timelines
- Summary Administration: 1-3 months (if uncontested)
- Simple Formal Estates: 6-9 months (minimum 3-month creditor period)
- Complex or Contested Estates: 12 months to several years
Factors affecting the timeline include the creditor claim period (3 months), sale of real estate, tax filings, and any disputes among beneficiaries.
Local Resources
Escambia County Court Resources
- Court Website: escambiaclerk.com
- Probate Information: Escambia Clerk Probate
- Florida Courts E-Filing Portal: myflcourtaccess.com
Legal Aid and Attorney Referrals
- Escambia-Santa Rosa Bar Association: (850) 434-6009 — esrba.com (Offers a Lawyer Referral Service)
- Legal Services of North Florida: (850) 432-8222 — Provides legal assistance to eligible low-income residents.
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — floridabar.org
Publication
- Pensacola News Journal: (850) 435-8500 — Major daily newspaper.
- Escambia Sun Press: (850) 623-2120 — Weekly newspaper often used for legal notices.