Overview
Lake County is located in Florida with a population of approximately 444,204. The Lake County Clerk of the Circuit Court & Comptroller 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's non-exempt assets are valued at $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 assets, provided the assets consist only of exempt property and non-exempt personal property that does not exceed the amount of preferred funeral and medical expenses.
Florida law provides for reasonable attorney and personal representative fees. For formal administration, statutory fees are presumed reasonable based on the compensable value of the estate (e.g., 3% for the first $1 million).
This guide provides an informational overview of the Lake 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
Lake County Clerk of the Circuit Court & Comptroller
Probate matters in Lake County are handled at the Lake County Courthouse.
Address: 550 W. Main Street, Tavares, FL 32778
Phone: (352) 742-4100 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Division is responsible for maintaining the files and records of all estate proceedings. The office is located within the Lake County Courthouse in Tavares.
Parking and Access
Free public parking is available in the Lake County Parking Garage located at 200 N. Sinclair Ave, Tavares, FL. Accessible parking is designated on the first floor of the garage. There is a pedestrian walkway connecting the garage to the courthouse complex. All visitors must pass through security screening upon entering the courthouse.
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 reimbursement of funeral/medical expenses from small non-exempt 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 Lake County Clerk of Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approx. $400 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
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:
- Serve Notice of Administration on interested parties (surviving spouse, beneficiaries, etc.).
- Publish Notice to Creditors in a newspaper of general circulation in Lake County (e.g., Daily Commercial) 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 (or Letters Testamentary).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors on known creditors within 3 months of publication.
- Inventory and appraise all estate assets within 60 days of issuance of Letters.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Lake County-Specific Procedures
- E-filing: Lake County utilizes the statewide Florida Courts E-Filing Portal.
- Checklists: The court often uses checklists to ensure all required documents are filed before orders are signed.
- Proposed Orders: Proposed orders should typically be submitted in Word format via the E-Filing Portal or as directed by the specific judge's requirements.
- Publication: Notice must be published in a newspaper of general circulation in Lake County, such as the Daily Commercial, for two consecutive weeks.
Consult the Fifth Judicial Circuit Administrative Orders for specific local rules regarding probate checklists and procedures (e.g., Administrative Order L-2023-28).
Timeline & Fees
Filing Fees (Lake County)
- Formal Administration: approximately $400
- Summary Administration: approximately $235 (assets <$1,000) to $345 (assets >$1,000)
- Disposition of Personal Property without Administration: approximately $231
- Caveat: approximately $41
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Verify with the Clerk's fee schedule.
Payment Methods
The Clerk accepts cash, checks, money orders, and credit/debit cards (convenience fees apply for cards).
Estimated Timelines
- Simple estates (Summary Administration): 1-3 months
- Average estates (Formal Administration): 6-9 months
- Complex or contested estates: 9 months to 2 years or more
Timelines are affected by the mandatory 3-month creditor claim period in formal administration.
Local Resources
Lake County Court Resources
- Court Website: lakecountyclerkfl.gov
- Probate Division: Probate Info
- Florida Courts Help: flcourts.gov
Legal Aid and Attorney Referrals
- Community Legal Services of Mid-Florida: (352) 343-6351 — Provides legal aid to eligible residents.
- The Florida Bar Lawyer Referral Service: floridabar.org
Publication
- Daily Commercial: (352) 365-8200 — dailycommercial.com