Overview
Sarasota County is located in Florida with a population of approximately 487,640. The Sarasota County Clerk of the Circuit Court and County Comptroller, Probate Department 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 smaller 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 Without Administration is available for very small estates to reimburse the person who paid for funeral or medical expenses, provided the assets consist only of exempt property and non-exempt personal property that does not exceed the amount of preferred funeral and medical expenses.
Florida law generally requires a personal representative to be represented by an attorney for Formal Administration, unless the personal representative is the sole interested person or is an attorney admitted to practice in Florida (Florida Probate Rule 5.030).
This guide provides an informational overview of the Sarasota 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
Sarasota County Clerk of the Circuit Court and County Comptroller
Probate matters in Sarasota County are handled at the Sarasota County Historic Courthouse.
Address: 2000 Main Street, Sarasota, FL 34237
Phone: (941) 861-7400 (Probate Department)
Hours: Monday through Friday, 8:30 a.m. to 5:00 p.m.
The Probate Department is responsible for maintaining the files and records of the probate court. They process wills, estates, guardianships, and mental health cases.
Parking and Access
Public parking is available in the parking garage located on Ringling Boulevard, directly across from the courthouse. There is also metered street parking available in the vicinity. Security screening is required for entry into the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Disposition Without Administration: For very small estates to reimburse funeral/medical expenses.
- 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 Sarasota County Clerk of Court. 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 and available for self-represented litigants 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 Sarasota County (e.g., Sarasota Herald-Tribune or Business Observer) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors.
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 (or Letters Testamentary).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and wait for the 3-month creditor claim period to expire.
- Inventory and appraise all estate assets within 60 days of appointment.
- Pay valid creditor claims and estate expenses.
- 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
Sarasota County-Specific Procedures
- E-filing: Attorneys are required to e-file documents. Self-represented litigants may also use the Florida Courts E-Filing Portal.
- Checklists: The 12th Judicial Circuit often uses checklists for probate petitions to ensure all requirements are met before judicial review.
- Original Will: The original will must be deposited with the Clerk of Court within 10 days of receiving information that the testator is dead (Florida Statute 732.901).
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Sarasota County, such as the Sarasota Herald-Tribune or Business Observer.
Consult the 12th Judicial Circuit's local rules and the Sarasota Clerk's website for the most up-to-date specific requirements.
Timeline & Fees
Filing Fees (Sarasota County)
- Formal Administration: approximately $400
- Summary Administration: approximately $235 (assets <$1,000) to $345 (assets >$1,000)
- Disposition of Personal Property without Administration: approximately $231
- Caveat: approximately $41
- Publication costs: approximately $100-$200 depending on the newspaper
Florida law presumes reasonable attorney fees based on a statutory schedule (e.g., roughly 3% of the estate value for estates between $100k and $1M), though this can vary based on complexity and agreement.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa, MasterCard, American Express, Discover). A service fee applies to credit card transactions.
Estimated Timelines
- Summary Administration: 3-6 months
- Formal Administration (Simple): 6-9 months
- Formal Administration (Average): 9-12 months
- Complex or contested estates: 12 months to 2 years or more
Timelines are heavily influenced by the mandatory 3-month creditor claim period and the speed at which the Personal Representative can marshal assets and resolve claims.
Local Resources
Sarasota County Court Resources
- Court Website: sarasotaclerk.com
- Probate Information: Sarasota Clerk Probate
- Florida Courts E-Filing Portal: myflcourtaccess.com
Legal Aid and Attorney Referrals
- Sarasota County Bar Association: (941) 861-8180 — Lawyer Referral Service
- Legal Aid of Manasota: (941) 366-0038 — Provides legal services to low-income residents
- The Florida Bar Lawyer Referral Service: floridabar.org
Publication
- Sarasota Herald-Tribune: (941) 361-4000 — Newspaper of general circulation
- Business Observer: (941) 366-3468 — Commonly used for legal notices