Overview
Okeechobee County is located in Florida with a population of approximately 42,369. The Okeechobee 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 Chapters 733 and 735 of the 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 is 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 is available for very small estates to reimburse the person who paid for funeral expenses (up to $6,000) and medical expenses of the last 60 days.
Florida law requires a personal representative to be represented by an attorney in most formal administration cases. Personal representatives are entitled to a commission (fee) based on the value of the probate estate, starting at 3% for the first $1 million.
This guide provides an informational overview of the Okeechobee 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
Okeechobee County Clerk of the Circuit Court & Comptroller
Probate matters in Okeechobee County are handled at the Okeechobee County Courthouse.
Address: 312 NW 3rd Street, Okeechobee, FL 34972
Phone: (863) 763-2131 (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 the probate court. The Clerk's office is located on the first floor.
Parking and Access
Free street parking is generally available on the side streets surrounding the courthouse. Visitors should be prepared for security screening upon entering the building; cell phones may be restricted or require silent mode in courtrooms.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Disposition of Personal Property without Administration: For very small estates consisting only of exempt property and non-exempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
- Summary Administration: If the estate is valued at $75,000 or less, or the decedent has been dead for more than 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 Okeechobee County Clerk of Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee
- 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 the surviving spouse, beneficiaries, and other interested parties.
- Publish Notice to Creditors in a newspaper of general circulation in Okeechobee County (e.g., Lake Okeechobee News) 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 appointing the personal representative.
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 Final Accounting and Petition for Discharge to close the estate
Local Requirements
Okeechobee County-Specific Procedures
- E-filing: Attorneys are required to file documents electronically via the Florida Courts E-Filing Portal. Self-represented litigants may file in paper or register for the portal.
- Local Forms: The Clerk's office provides a packet for "Disposition of Personal Property without Administration" but generally does not provide forms for formal probate.
- Judicial Circuit: Okeechobee County is part of the 19th Judicial Circuit.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Okeechobee County, such as the Lake Okeechobee News.
Consult the 19th Judicial Circuit website for specific administrative orders and judge's procedures.
Timeline & Fees
Filing Fees (Okeechobee County)
- Formal Administration: approximately $400
- Summary Administration: approximately $235 - $345 (depending on asset value)
- Disposition of Personal Property without Administration: approximately $231
- Caveat: approximately $41
- Notice of Trust: approximately $41
Fees are subject to change. Check the Clerk's Fee Schedule for the most current amounts.
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 primary factor in the timeline for formal administration.
Local Resources
Okeechobee County Court Resources
- Court Website: myokeeclerk.com
- Probate Division: Probate Info
- 19th Judicial Circuit: circuit19.org
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — floridabar.org
- Florida Rural Legal Services: 1-888-582-3410 — frls.org
Publication
- Lake Okeechobee News: (863) 763-3134 — southcentralfloridalife.com