Serving Indian River, Martin, Okeechobee, and Saint Lucie counties.

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Probate & Guardianship Division

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.

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

Martin County

Assigned Judges:

Hon. Sherwood Bauer Jr.

Indian River County

Assigned Judges:

Hon. Rebecca I. White

Okeechobee County

Assigned Judges:

Hon. Laurie E. Buchanan

Email Submissions

Email Submission Addresses

All pleadings, proposed orders, and communications must be submitted via email to the appropriate county address:

County Email
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

TypeDescription
Formal AdministrationRequired if estate exceeds $75,000 or includes real property. Court appoints a personal representative. [F.S. 733]
Summary AdministrationFor estates under $75,000 or if the person died more than two years ago. [F.S. 735]
Disposition Without AdministrationFor very small estates; often used to reimburse funeral expenses. [F.S. 735.301]
Ancillary AdministrationFor non-residents who owned Florida property. [F.S. 734]
CuratorshipTemporary appointment to manage the estate. [F.S. 733]
CaveatFiled 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:

  1. If the deceased was a Florida resident, file in the county of residence (see death certificate).
  2. 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

CountyClerk Website
Indian RiverVisit Site
MartinVisit Site
OkeechobeeVisit Site
St. LucieVisit Site

Frequently Asked Questions

For formal administration, yes—unless you’re the sole beneficiary. For summary or small estate cases, an attorney is optional but recommended.

With the Clerk’s office in the county where the decedent lived.

Typically 6 to 18 months. Small estate matters may be quicker. Contested cases or those involving creditors may take longer.
Possibly. The court may request it.

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

  1. Petition Filed: A concerned person (usually a family member or friend) files a petition in court asking for a guardianship.
  2. Examining Committee: The court appoints a 3-member committee to evaluate the person’s capacity.
  3. Hearing: A judge reviews the reports and listens to testimony to decide if the person is legally incapacitated and needs a guardian.
  4. 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.

The Nineteenth Judicial Circuit

The Nineteenth Judicial Circuit serves the Indian River, Martin, St. Lucie, and Okeechobee counties. The Nineteenth Judicial Circuit operates under the leadership of Chief Judge Schwab and Michael Mortell, Trial Court Administrator.

COURT ADMINISTRATION MAIN ADDRESS

250 NW Country Club, Dr. Suite 217 Port Saint Lucie, FL 34986

PHONE

+1 (772) 807-4370

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The Nineteenth Judicial Circuit provides the information on this website as a service to the public. While some of the information on this site may deal with legal issues, none of such information constitutes legal advice. The Nineteenth Judicial Circuit does not warrant or guarantee the content’s accuracy or availability on this or other sites we link. In no event will the Nineteenth Judicial Circuit be held liable to any party for any damages arising in any way out of the availability, use, reliance on, or inability to use this website or any information provided by or through the Nineteenth Judicial Circuit website, or for any claim attributable to errors, omissions or other inaccuracies in the Nineteenth Judicial Circuit website.

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