Overview
Hendry County is located in Florida with a population of approximately 46,130. The Hendry 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 the Florida Probate Code (Chapters 731-735, Florida Statutes). 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 small estates:
* Summary Administration: Available if the estate value is $75,000 or less, or if the decedent has been dead for more than two years.
* Disposition Without Administration: A process to request reimbursement for funeral expenses (up to $6,000) and medical expenses from the last 60 days of the decedent's life, available only if the estate consists of exempt property and non-exempt personal property that does not exceed the sum of these expenses.
Florida law requires personal representatives to be represented by an attorney in most formal administration cases. Statutory fees for attorneys and personal representatives are set by Florida Statutes § 733.617 and § 733.6171, generally starting at 3% for the first $1 million of the estate's value.
This guide provides an informational overview of the Hendry 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
Hendry County Circuit Court
Probate matters in Hendry County are handled at the Hendry County Courthouse.
Address: 25 E. Hickpochee Ave, LaBelle, FL 33935
Phone: (863) 675-5217 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:45 PM
The Clerk of the Circuit Court & Comptroller maintains all probate records. There is also a sub-office in Clewiston located at 1100 S. Olympia Street, Suite 502, Clewiston, FL 33440, though most probate filings are processed through the main office in LaBelle.
Parking and Access
Public parking is available around the courthouse complex in LaBelle. Visitors must pass through security screening upon entering the building.
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 Without Administration: For very small estates to reimburse funeral/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 Hendry County Circuit Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $400)
- Oath of Personal Representative
- Designation of Resident Agent
E-filing is mandatory for attorneys in Florida via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if required) and Notice of Administration to all heirs, beneficiaries, and interested parties.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Hendry County (e.g., Caloosa Belle or The Clewiston News) 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 appointing the personal representative.
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.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Hendry County-Specific Procedures
- E-filing: Attorneys must file documents electronically via the Florida Courts E-Filing Portal.
- No Case Management: The Hendry County Clerk's website notes that no case management is provided for probate; parties are responsible for moving the case forward.
- Local Forms: Hendry County generally uses standard Florida Bar probate forms.
- Publication: Notice must be published in a newspaper of general circulation in Hendry County, such as the Caloosa Belle or The Clewiston News, for two consecutive weeks.
Always check with the Clerk's office for the most up-to-date local administrative orders.
Timeline & Fees
Filing Fees (Hendry County)
- Formal Administration: approximately $400
- Summary Administration: approximately $235 - $345 (depending on asset value)
- Disposition of Personal Property without Administration: approximately $231
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $150-$300 depending on the newspaper
Florida law provides a statutory fee schedule for attorneys and personal representatives (executors), typically starting at roughly 3% of the probate estate value for ordinary services.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit cards (with a service fee). Personal checks are generally not accepted for new case filings.
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 or more
The creditor claim period (3 months from publication) is a mandatory waiting period in formal administration.
Local Resources
Hendry County Court Resources
- Court Website: hendryclerk.org
- Probate Information: Hendry Clerk Probate
- Florida Courts E-Filing: myflcourtaccess.com
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — floridabar.org
- Florida Rural Legal Services: (888) 582-3410 — frls.org
Publication
- Caloosa Belle: (863) 675-2541 — southcentralfloridalife.com
- The Clewiston News: (863) 983-9148 — southcentralfloridalife.com