Overview
Monroe County is located in Florida with a population of approximately 80,908. The Circuit Court for Monroe 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 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 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 and medical bills from very small estates without formal probate.
Florida law requires a personal representative to be represented by an attorney in most formal administration cases. Statutory fees for attorneys and personal representatives are outlined in Florida Statutes 733.617 and 733.6171, generally based on a percentage of the estate's value (e.g., 3% for the first $1 million).
This guide provides an informational overview of the Monroe 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
Monroe County Clerk of the Circuit Court & Comptroller
Probate matters in Monroe County are handled at the Monroe County Courthouse. While the main office is in Key West, the Clerk also has branches in Marathon and Plantation Key.
Address: 500 Whitehead Street, Key West, FL 33040
Phone: (305) 292-3458 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Division is responsible for maintaining the files and records of all estate proceedings. Filings can often be made at the branch offices:
* Marathon Branch: 3117 Overseas Highway, Marathon, FL 33050
* Upper Keys Branch: 88770 Overseas Highway Suite 2, Plantation Key, FL 33070
Parking and Access
The Key West courthouse is located in the historic district. Street parking and public lots are available nearby, but can be limited. Security screening is required for entry into all courthouse facilities.
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, or the decedent has been dead for >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 Circuit Court for Monroe County. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Petition for Administration
- Filing fee (approximately $400.00)
- Oath of Personal Representative
Florida requires most documents to be e-filed by 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 Monroe County (e.g., The Key West Citizen or Keys Weekly) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to appoint the Personal Representative. In many uncontested cases, this can be done via ex parte submission by the attorney. Once approved, the judge issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors on known creditors.
- 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
Monroe County-Specific Procedures
- E-Filing: Attorneys are required to file documents electronically via the Florida Courts E-Filing Portal.
- Venue: Filings should generally be made in the division (Key West, Marathon, or Upper Keys) corresponding to the decedent's residence, though the Clerk's office can direct filings.
- Local Rules: The 16th Judicial Circuit may have specific administrative orders regarding probate checklists and proposed orders.
- Publication: Notice must be published in a newspaper of general circulation in Monroe County for two consecutive weeks.
Consult the Monroe County Clerk's website for the most current checklists and administrative orders.
Timeline & Fees
Filing Fees (Monroe County)
- Formal Administration: approximately $400.00
- Summary Administration: approximately $235.00 - $345.00 (depending on estate value)
- Disposition of Personal Property without Administration: approximately $231.00
- Caveat: approximately $41.00
- Publication costs: approximately $150-$300 depending on the newspaper
Note: Fees are subject to change. Check the Clerk's current fee schedule.
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 2 years
The creditor claim period (3 months from publication) sets a minimum timeline for formal administration.
Local Resources
Monroe County Court Resources
- Court Website: monroe-clerk.com
- Probate Division: Probate & Guardianship Info
- Florida Courts Help: help.flcourts.gov
Legal Aid and Attorney Referrals
- Monroe County Bar Association: (305) 294-9595 — Local attorney networking and information.
- Legal Services of Greater Miami (Monroe Branch): (305) 292-3566 — Legal aid for eligible low-income residents.
- The Florida Bar Lawyer Referral Service: floridabar.org/public/lrs
Publication
- The Key West Citizen: (305) 292-7777 — keysnews.com
- Keys Weekly: (305) 743-0844 — keysweekly.com