Overview
Martin County is located in Florida with a population of approximately 165,666. The Circuit Court for Martin County 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 of Administration for testate (with will) or intestate (without will) 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 of Personal Property without Administration: A process to request reimbursement for funeral and medical expenses from the decedent's assets.
Florida law provides for reasonable attorney and personal representative fees, often based on a statutory percentage of the estate's value (e.g., 3% for estates between $100,000 and $1 million), though these can be negotiated or determined by the court.
This guide provides an informational overview of the Martin 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
Martin County Courthouse
Probate matters in Martin County are handled at the Martin County Courthouse.
Address: 100 SE Ocean Blvd, Stuart, FL 34994
Phone: (772) 288-5539 (Probate Division)
Main Courthouse Phone: (772) 288-5576
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the Clerk of the Circuit Court & Comptroller's office.
Parking and Access
Free parking is available in the lot on SW Flagler Ave., located on the west side of the Courthouse. Limited street parking is also available along SE Ocean Blvd. Visitors should be prepared for security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Disposition of Personal Property without Administration: For reimbursement of funeral/medical expenses from non-exempt personal property.
- Summary Administration: If the estate is valued at $75,000 or less (excluding exempt property) or the decedent has been dead >2 years.
- 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 Martin County. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $400 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
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 Martin County (e.g., The Stuart News) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors within 3 months of the first publication.
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 issues Letters of Administration, granting authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets within 60 days of issuance of Letters.
- Pay valid creditor claims after the 3-month creditor period expires.
- 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
Martin County-Specific Procedures
- E-filing: Attorneys must file documents electronically via the Florida Courts E-Filing Portal.
- Checklists: The Martin County Clerk often provides checklists for opening estates to ensure all required documents are submitted.
- Publication: Notice to Creditors must be published in a Martin County newspaper of general circulation, such as The Stuart News or Hometown News.
Always check the Martin County Clerk's website for the most current local administrative orders and checklists.
Timeline & Fees
Filing Fees (Martin County)
- Formal Administration: approximately $400
- Summary Administration: approximately $235 - $345 (depending on estate value)
- Disposition of Personal Property without Administration: approximately $231
- Certified copies: approximately $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$300 depending on the newspaper
Florida statutes provide a presumption of reasonable fees for attorneys and personal representatives (e.g., roughly 3% of the estate value for ordinary services), but fees can vary based on complexity.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a service fee).
Estimated Timelines
- Simple estates (Summary Administration): 1-3 months
- Average estates (Formal Administration): 6-9 months
- Complex or contested estates: 12 months to several years
The creditor claim period (3 months from publication) is a mandatory waiting period in formal administration.
Local Resources
Martin County Court Resources
- Court Website: Martin County Clerk of Court
- Probate Division: Probate & Guardianship Info
- Florida Probate Forms: Florida Courts Forms
Legal Aid and Attorney Referrals
- Martin County Bar Association: (772) 220-8018 — Website
- Florida Rural Legal Services: (888) 582-3410 — Provides legal aid to eligible low-income residents.
- The Florida Bar Lawyer Referral Service: floridabar.org