Overview
Polk County is located in central Florida between Tampa and Orlando, with approximately 755,000 residents. The county seat is Bartow. The Tenth Judicial Circuit Court, Probate Division handles all estate matters for individuals domiciled in Polk County at the time of death.
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). Polk County's growing population and central Florida location make it one of the busier probate courts in the region.
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 Polk 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
Polk County Courthouse — Probate Division
The Probate Division of the Tenth Judicial Circuit Court is located at the Polk County Courthouse in Bartow.
Address: 255 N. Broadway Avenue, Bartow, FL 33830
Phone: (863) 534-4000
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Tenth Judicial Circuit covers Polk, Highlands, and Hardee Counties. Probate matters for Polk County residents are handled at the Bartow courthouse. The Probate Division handles estates, guardianships, and trust matters.
Parking and Access
Free parking is available at and near the Polk County Courthouse. The courthouse is located in downtown Bartow. 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
Polk 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 Polk 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
Polk County-Specific Procedures
- E-filing is mandatory through the Florida Courts E-Filing Portal.
- Original wills must be deposited with the Polk County Clerk of Courts.
- The Tenth Judicial Circuit has local administrative orders governing probate procedures.
- Notice to Creditors must appear in a Polk 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.
Homestead Property
Florida homestead protections apply to Polk 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 (Polk 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-$175
- 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
Polk County Probate Court Resources
- Clerk of Courts — Probate: polkcountyclerk.net
- E-Filing Portal: myflcourtaccess.com
- Tenth Judicial Circuit: jud10.flcourts.org
Legal Aid and Attorney Referrals
- Legal Aid Society of the Orange County Bar (also serves Polk): (407) 841-8310
- Central Florida Legal Services: (863) 683-6237
- Polk County Bar Association: Contact through the Florida Bar website
- Florida Bar Lawyer Referral Service: 1-800-342-8011
Publication
- The Ledger (Lakeland): Approved for legal notices in Polk County
- Polk County legal newspapers: Check with the clerk for current approved publications