Overview
Highlands County is located in Florida with a population of approximately 110,000. The Circuit Court for Highlands 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 simplified procedures for small estates:
- Summary Administration: Available if the estate's value (excluding exempt property) is under $75,000, 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.
Florida law provides a statutory fee schedule for attorneys and personal representatives based on the value of the estate (e.g., 3% for estates between $100,000 and $1 million), though fees can also be determined by agreement.
This guide provides an informational overview of the Highlands 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
Highlands County Courthouse
Probate matters in Highlands County are handled at the Highlands County Courthouse. Filings are processed by the Clerk of Courts.
Address: 590 South Commerce Avenue, Sebring, FL 33870-3867
Phone: (863) 402-6565 (Clerk of Courts)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the Clerk of the Circuit Court & Comptroller's office. The courthouse is located in downtown Sebring.
Parking and Access
Free public parking is available in the lot directly across the street from the courthouse entrance on Commerce Avenue. 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 >2 years.
- Disposition of Personal Property without Administration: For reimbursement of funeral/medical expenses from non-exempt personal property.
- 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 Highlands County. Include:
- Original Last Will and Testament (if any)
- Certified copy of the death certificate
- Petition for Administration
- Filing fee (approx. $400 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
Attorneys are generally required for formal probate in Florida. E-filing is mandatory for attorneys via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Serve Notice of Administration on interested parties (surviving spouse, beneficiaries, etc.).
- Publish Notice to Creditors in a newspaper of general circulation in Highlands County (e.g., Highlands News-Sun) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors.
Step 4: Attend the Hearing
The court may schedule a hearing to appoint the Personal Representative. If the petition is in order and uncontested, the judge will issue Letters of Administration (or Letters Testamentary), granting authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Wait for the creditor claim period to expire (3 months from first publication).
- Inventory and appraise all estate assets within 60 days of appointment.
- Pay valid creditor claims and estate taxes.
- Distribute remaining assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Highlands County-Specific Procedures
- E-filing: Attorneys must file documents electronically via the Florida Courts E-Filing Portal.
- Publication: Notice to Creditors must be published in a local newspaper such as the Highlands News-Sun.
- Checklists: The 10th Judicial Circuit often provides checklists for pro se litigants filing for Summary Administration or Disposition of Personal Property.
- Exempt Property: Florida homestead laws are strict; a separate petition to determine homestead status is often required.
Timeline & Fees
Filing Fees (Highlands County)
- Formal Administration: approximately $400.00
- Summary Administration (assets > $1,000): approximately $345.00
- Summary Administration (assets < $1,000): approximately $235.00
- Disposition of Personal Property: approximately $231.00
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$300 depending on the newspaper
Fees are subject to change. Check the Clerk's fee schedule.
Payment Methods
The Clerk accepts cash, checks, money orders, and credit cards (with a service fee).
Estimated Timelines
- Simple estates (Summary Administration): 2-4 months
- Average estates (Formal Administration): 6-9 months
- Complex or contested estates: 9 months to 2 years
The creditor claim period (3 months) is a mandatory waiting period in formal administration.
Local Resources
Highlands County Court Resources
- Court Website: highlandsclerkfl.gov
- Probate Info: Highlands Clerk Probate
- Florida Courts Help: flcourts.gov
Legal Aid and Attorney Referrals
- Heart of Florida Legal Aid Society: (863) 402-6983 — Provides legal assistance to eligible low-income residents.
- Highlands County Bar Association: Local voluntary bar association.
- The Florida Bar Lawyer Referral Service: floridabar.org
Publication
- Highlands News-Sun: (863) 385-6155 — Common newspaper for probate notices.