Overview
Lee County is located on Florida's southwest Gulf Coast, with approximately 815,000 residents. The county seat is Fort Myers. The Twentieth Judicial Circuit Court, Probate Division handles all estate matters for individuals domiciled in Lee County at the time of death. Lee County's large retiree population means the Probate Division handles a substantial caseload relative to the county's size.
Florida probate provides two primary pathways: Formal Administration (for estates over $75,000 or when the decedent passed less than two years ago) and Summary Administration (for estates $75,000 or less, or when the decedent has been dead for more than two years).
Florida has no state estate or inheritance tax. The surviving spouse has the right to a 30% elective share. Homestead property carries special constitutional protections. The personal representative must be a Florida resident or close relative of the decedent. E-filing is mandatory in Lee County.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the court or a qualified attorney.
Courthouse Information
Lee County Justice Center — Probate Division
The Probate Division of the Twentieth Judicial Circuit Court is located at the Lee County Justice Center in Fort Myers.
Address: 1700 Monroe Street, Fort Myers, FL 33901
Phone: (239) 533-5000
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Twentieth Judicial Circuit covers Lee, Charlotte, Collier, Glades, and Hendry Counties. Probate matters for Lee County residents are handled at the Fort Myers courthouse. The Probate Division handles estates, guardianships, and trust matters.
Parking and Access
Free and paid parking options are available near the Justice Center. LeeTran bus routes serve the courthouse area. Visitors should plan for security screening and bring a valid photo ID.
Filing Process
Step 1: Determine the Type of Administration
- Formal Administration: Required for estates exceeding $75,000 or when the decedent died less than two years ago.
- Summary Administration: Available for estates of $75,000 or less (excluding exempt property), or when the decedent has been dead for more than two years.
- Disposition Without Administration: For very small estates.
Step 2: E-File the Petition
Lee County requires e-filing through the Florida Courts E-Filing Portal (myflcourtaccess.com).
Required documents:
- Petition for Administration or Summary Administration
- Original will (deposited with the clerk)
- Certified death certificate
- Oath of Personal Representative (for formal administration)
- Filing fee payment
Step 3: Notice to Creditors
For formal administration:
- Publish a Notice to Creditors in a Lee County approved newspaper for two consecutive weeks
- Serve known or reasonably ascertainable creditors directly
- The creditor claims period is 3 months from the first publication date
Step 4: Letters of Administration
The court reviews the petition and issues Letters of Administration or Letters Testamentary.
Step 5: Administration and Closing
- File an inventory within 60 days
- Pay valid creditor claims and expenses
- File a final accounting
- Petition for discharge after distributing assets
Local Requirements
Lee County-Specific Procedures
- E-filing is mandatory through the Florida Courts E-Filing Portal.
- Original wills must be deposited with the Lee County Clerk of Courts.
- The Twentieth Judicial Circuit has local administrative orders and local rules that supplement the Florida Probate Rules.
- Notice to Creditors must appear in a Lee County approved newspaper for two consecutive weeks.
- Inventory must be filed within 60 days of appointment.
- Accounting is required before the estate can be closed.
- Lee County has a significant seasonal population (snowbirds), which can raise domicile questions relevant to determining where probate should be filed.
Homestead Property
Florida homestead protections apply to Lee County real property:
- Homestead generally cannot be devised if survived by a spouse or minor child
- The surviving spouse may elect a life estate or one-half interest as tenants in common
- Homestead is exempt from forced sale and most creditor claims
Elective Share
The surviving spouse may claim 30% of the augmented estate.
Personal Representative Requirements
The personal representative must be a Florida resident or a close relative of the decedent.
Timeline & Fees
Filing Fees (Lee County)
- Formal Administration petition: approximately $395
- Summary Administration petition: approximately $340 (estates over $1,000) or $230 (estates $1,000 or less)
- Disposition Without Administration: approximately $230
- Notice to Creditors publication: approximately $80-$200
- Certified copies: approximately $2.00 per page
Fees are set by Florida statute and may be updated. Contact the clerk's office for current amounts.
Payment Methods
E-filing payments are processed electronically. The clerk's office also accepts cash, checks, money orders, and credit/debit cards.
Estimated Timelines
- Summary Administration: 1-3 months
- Simple formal estates: 6-9 months
- Average formal estates: 9-12 months
- Complex or contested estates: 12 months to several years
The minimum formal administration timeline includes the 3-month creditor claims period.
Local Resources
Lee County Probate Court Resources
- Clerk of Courts — Probate: leeclerk.org
- E-Filing Portal: myflcourtaccess.com
- Twentieth Judicial Circuit: ca.cjis20.org
Legal Aid and Attorney Referrals
- Legal Aid Society of Collier County (also serves Lee): (239) 775-4555
- Lee County Bar Association: (239) 334-0047
- Florida Bar Lawyer Referral Service: 1-800-342-8011
Publication
- Fort Myers News-Press: Approved for legal notices in Lee County
- The Breeze Newspapers: Check with the clerk for current approved publications