Important Notice
This information is provided as a public service and is not legal advice. Court staff cannot provide legal advice or represent you. You may represent yourself, but only an attorney can provide legal guidance. You may choose to hire an attorney at any point in your case.
What Is Probate?
Probate is the legal process for distributing a deceased person’s assets to beneficiaries. If the deceased had a will, the assets are distributed according to that will. If not, the assets are distributed according to Florida law. The court oversees this process to ensure all debts are paid and assets are properly transferred.
Governing Laws
Probate is governed by:
Jurisdiction and Judges
The Probate Division covers estates, wills, trust litigation, and guardianships.
St. Lucie County
Assigned Judges:
Hon. Steven J. Levin
Hon. Katherine Mish
Email Submissions
Email Submission Addresses
All pleadings, proposed orders, and communications must be submitted via email to the appropriate county address:
| County | |
|---|---|
| St. Lucie | probateslc@circuit19.org |
| Martin | probatemc@circuit19.org |
| Indian River | probateirc@circuit19.org |
| Okeechobee | probate@circuit19.org |
Your email must include:
- Subject line: Case number, estate name, and document type (e.g., “Petition for Administration”)
- Copy of filed pleadings
- Proposed order in Microsoft Word
- Completed checklist (for opening or closing estate)
- Description of the requested court action
Note: You must open a probate case before submitting any documents. No ex parte communications will be forwarded to judges. See the Self-Help/Pro Se tab for more information.
Before you file
Gather the following:
- Original Will and any Codicils
- Death certificate (original or certified)
- Funeral bill (shows who paid)
- Recent medical bills if claiming a small estate
- Bank account details and property info
Types of Probate Cases
| Type | Description |
|---|---|
| Formal Administration | Required if estate exceeds $75,000 or includes real property. Court appoints a personal representative. [F.S. 733] |
| Summary Administration | For estates under $75,000 or if the person died more than two years ago. [F.S. 735] |
| Disposition Without Administration | For very small estates; often used to reimburse funeral expenses. [F.S. 735.301] |
| Ancillary Administration | For non-residents who owned Florida property. [F.S. 734] |
| Curatorship | Temporary appointment to manage the estate. [F.S. 733] |
| Caveat | Filed to prevent probate from proceeding without notice. [F.S. 731] |
How to Open a Probate Case
Cases must be filed with the Clerk of Court in the proper county:
- If the deceased was a Florida resident, file in the county of residence (see death certificate).
- If not a Florida resident, file in the county where property is located.
Use the Florida Courts e-Filing Portal for most filings: State of Florida E-Filing Portal
Must be filed in paper format:
- Original Wills
- Original Codicils
- Original Death Certificates
Clerk of Court Websites
| County | Clerk Website |
|---|---|
| Indian River | Visit Site |
| Martin | Visit Site |
| Okeechobee | Visit Site |
| St. Lucie | Visit Site |
Frequently Asked Questions
Do I need an attorney?
For formal administration, yes—unless you’re the sole beneficiary. For summary or small estate cases, an attorney is optional but recommended.
Where do I file a will?
With the Clerk’s office in the county where the decedent lived.
How long does probate take?
What if I already filed a will—do I still need an affidavit of heirs?
How will I receive my signed order?
Ensure your contact info is correct in the e-Portal. Pro se litigants must submit a contact information form with their filings.
Glossary
- Testate: With a will
- Intestate: Without a will
- Domicile: Legal residence
- Venue: County where case is filed
- Formal Administration: Full probate process
- Summary Administration: Simplified process
- Disposition Without Administration: For small estates
- Personal Representative: Individual appointed to manage the estate
- Pro Se: Representing yourself
A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for another person due to their own incapacity, such as age, disability, or illness. After adjudication, the subject of the guardianship is termed a “ward.”
When is a guardian required?
For Minors:
Florida law requires the court to appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives an inheritance of proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.
For Adults:
Adult guardianship is the process by which the court finds an individual’s ability to make decisions so impaired that the court gives the right to make decisions to another person. Adult Guardianship is only warranted when no less restrictive alternative-such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive- is found by the court to be appropriate and available.
Types of Guardianship
Florida law allows both voluntary and involuntary guardianships.
- Voluntary Guardianship: A voluntary guardianship may be established for an adult who, though mentally competent, is incapable of managing their own estate and who voluntarily petitions for the appointment.
- Involuntary Guardianship: The court appoints a guardian for someone judicially determined to be incapacitated. This means the court found that a person lacks the capacity to handle at least some of their property or meet essential health and safety requirements.
- Emergency Temporary Guardianship: When a petition for determination of incapacity is filed, the court may appoint an emergency temporary guardian before the full appointment process is complete. This is only done if there is imminent danger to the person’s health or property. Contact your local Clerk’s office if you believe this is needed.
Legislative intent requires the least restrictive form of guardianship. Florida law allows for both limited and plenary guardianships for adults:
- Limited Guardianship: Appropriate if the court finds the ward lacks the capacity to do some, but not all, tasks necessary to manage their person or property, and no prior written instructions are in place.
- Plenary Guardianship: A person appointed to exercise all delegable legal rights of the ward. This is used when the individual is entirely unable to care for themselves.
Steps in the Guardianship Process
- Petition Filed: A concerned person (usually a family member or friend) files a petition in court asking for a guardianship.
- Examining Committee: The court appoints a 3-member committee to evaluate the person’s capacity.
- Hearing: A judge reviews the reports and listens to testimony to decide if the person is legally incapacitated and needs a guardian.
- Guardian Appointed: If the court finds the person incapacitated, it appoints a guardian to manage personal (health, living arrangements) and/or financial decisions.
When opening a guardianship case, please review the assigned judge’s website for specific procedures before submitting any orders to the court. The forms provided below are general forms used throughout the four counties of the Nineteenth Judicial Circuit. However, individual judges may have specific requirements or procedures, so slight variations may apply depending.
Guardianship Forms
- Annual Accounting Form (PDF)
- Annual Audit Checklist (PDF)
- Annual Investigation Form (PDF)
- Annual Plan Form (PDF)
- Application for Appointment (PDF)
- Authorization of Payment to Attorney (PDF)
- Authorization of Payment to Guardian (PDF)
- Initial Inventory Form (PDF)
- Initial Plan Form (PDF)
- Simplified Accounting Form (PDF)
- Expert Witness Invoice (EXCEL)
Clerk of Court Websites
- Martin County Clerk | Official Website
- Saint Lucie County Clerk of the Circuit Court Website
- Okeechobee County Clerk of Circuit Court and Comptroller
- Indian River Clerk of the Circuit Court & Comptroller
All additional forms related to guardianship and supporting documentation are available at your local Clerk’s office and may vary by county.