Search Lee County Probate Records

Lee County probate records cover wills, estates, guardianships, and mental health filings handled by the Probate Division of the Circuit Court. A Lee County probate records search starts with the Clerk public case portal, which lists party names, case numbers, hearing dates, and many filings. Family members, heirs, attorneys, and the public look up Lee County probate records for many reasons. Some need to confirm a personal representative. Some want to track a creditor claim. Some need a copy of a final order. State law sets the access rules. Local court policy fills in the rest.

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The Lee County Probate Division

Probate matters in Lee County are heard by the Probate Division of the Circuit Court. The Twentieth Judicial Circuit covers Lee, Charlotte, Collier, Glades, and Hendry counties. Lee County hearings sit at the Justice Center in downtown Fort Myers. The Clerk maintains the probate, guardianship, and mental health case files. The department sits on the second floor of the Justice Center.

A short call to the department often saves a trip. Staff can confirm a case number or point a filer to the right form. They cannot give legal advice.

Probate, Guardianship & Mental Health

Lee County Clerk of Court

P.O. Box 9346

Fort Myers, FL 33902

Justice Center, 2nd Floor

2075 Dr. Martin Luther King Jr. Blvd

Fort Myers, FL 33901

(239) 533-5000, option 5

Email: guardianship@leeclerk.org

Mon–Fri 8:30 a.m.–4:45 p.m.

leeclerk.org/departments/courts/probate

A look at the Justice Center building gives a sense of where probate filings are docketed and where hearings take place. The official Twentieth Circuit photo of the Lee County Justice Center shows the downtown complex.

Lee County Justice Center where probate records and guardianship files are kept

The probate counter is on the second floor of the same building, with the civil counter, and the felony and misdemeanor counters on the first floor.


Types of Lee County Probate Proceedings

Florida sets three main paths for a probate estate. Lee Clerk lists each path on the official probate page. The right path depends on the size of the estate, how long the decedent has been gone, and what kind of property is left. The wrong path can mean a refiling and a second fee.

TypeWhen UsedAttorney Required
Formal AdministrationConsiderable assets; personal representative appointed; letters of administration issued.Yes, unless the personal representative is the sole beneficiary.
Summary AdministrationEstate value of $75,000 or less, or decedent deceased more than two years.Not required by Clerk page, though most filers use one.
Disposition without AdministrationSmall estate, primarily personal property; no full probate needed.Not required.

Each path has its own forms, filing fee, and timeline. The next three sections walk through each one.


Formal Administration in Lee County

Formal administration is used when an estate holds real property, larger accounts, business interests, or other considerable assets. The Circuit Court reviews the petition, admits any valid will, and appoints a personal representative. The Clerk then issues letters of administration. Those letters are the proof a personal representative shows to banks, title agents, and other holders of estate property.

The Lee Clerk probate page is direct on the attorney rule. Formal administration must be filed by a Florida-licensed attorney unless the personal representative is the sole beneficiary of the estate. Sole beneficiary means one heir, with no other claims to assets. That is a narrow path. Most formal cases need counsel.

Filing fee for formal administration is $400.00. The personal representative inventories assets, gives notice to creditors, pays valid claims, files required accountings, and then asks the court to close the case after final distribution. Florida Statutes Chapter 733 covers most of the rules.


Summary Administration in Lee County

Summary administration is the middle path. It is faster than formal and uses fewer filings. Two doors lead to summary. The first door is estate value. If the entire estate value does not exceed $75,000, summary may be used. The second door is time. If the decedent has been gone more than two years, summary may be used no matter the value.

One trap catches new filers. If the decedent died less than two years before filing, the petitioner must include a copy of the funeral bill. The Clerk page says so plainly. The funeral bill proves the priority claim for last expenses. A summary filing without it can be rejected at intake.

Summary administration of an estate under $1,000 is $235.00. Summary of an estate of $1,000 or more is $345.00. After filing, the court enters an order that directs how assets are distributed. There is no personal representative and no letters. The order itself transfers the property.


Disposition of Personal Property Without Administration

The Clerk calls this path Small Estate. It is used when the assets left behind are minimal and consist mainly of personal property. There is no real estate to transfer, no large account to retitle, and no need for letters. The filer asks the court to release a limited amount of personal property to pay for last illness expenses and funeral costs. Many filings close in weeks, not months.

The fee for disposition without administration is $231.00. Florida Statutes Chapter 735 sets the rules. Required documents often include the death certificate, the funeral bill, and proof of the last medical bills. Some Lee County families handle this path without an attorney.


Lee County Probate Filing Fees

The Clerk publishes a fee schedule for probate, guardianship, trust, and related filings. The list below mirrors the official numbers for the most common items. Each fee is set by Florida law and adjusted from time to time. Confirm the current amount on the Clerk page before mailing in a payment.

Probate ItemAmount
Opening any estate-type proceeding$231.00
Caveat or Notice of Trust$41.00
Petition to admit foreign wills or exemplified copies$231.00
Disposition of personal property without administration$231.00
Summary administration, estate under $1,000$235.00
Summary administration, estate $1,000 or more$345.00
Formal administration, guardianship, ancillary, curatorship, conservatorship, or trust$400.00

Other fees may apply. Certified copies are $1.00 per page plus $2.00 per certification. E-certified court documents are $8.00 each. Guardianship cases add audit fees for inventories and accountings on a sliding scale. The full list is on the Clerk fees and costs page.

Note: Florida law allows fee waivers for indigent filers who qualify; ask the Clerk about civil indigent status before filing.


Guardianship and Mental Health Records in Lee County

Guardianship cases protect a minor or an adult who cannot manage personal or financial affairs. The Probate Division hears the case. The Clerk audits inventories and accountings on a schedule set by statute. Mental health filings cover involuntary examinations and treatment orders under the Baker Act and the Marchman Act. These cases live in the same division as probate but follow different access rules.

Florida Statutes § 394.4615 protects clinical mental health records and limits public access to them. The Clerk MATRIX system warns that mental health case searches return limited results for general public users. Guardianship documents may contain protected medical and financial information; many of those filings require registered access at minimum, and some require party-level access. The Clerk page directs guardianship questions to a dedicated email at guardianship@leeclerk.org and a phone line at (239) 533-5000, option 5.

The Florida Senate hosts the official text of § 394.4615 on mental health record confidentiality. Filers and family members can read the full statute before asking for a copy of a sealed file.


Searching Lee County Probate by Decedent Name

Most searches start with a name. The decedent name pulls up the estate file. A party name pulls up cases where that person was named as personal representative, petitioner, or interested party. Spelling matters. A married name and a maiden name can sit on different files. Try both.

Probate dockets often show a long string of entries. Some entries link to a public PDF; others are flagged as Viewable on Request. A VOR request asks the Clerk to review the document for confidential or exempt content under Florida Rule of General Practice and Judicial Administration 2.420. For older case files not online, send a request through the Clerk Records Request System.


Lee County Probate Glossary

Probate uses a small set of terms over and over. Knowing the basics helps a filer read a docket, a petition, or a court order without guesswork.

Testator
The person who made the will. A testatrix is the same role, named for a woman in older usage.
Executor
The person named in the will to carry it out. In Florida, this role is called the personal representative.
Personal Representative
The Florida term for executor or administrator. The court appoints this person and issues letters of administration.
Intestate
Dying without a valid will. State intestacy law sets who inherits.
Beneficiary
A person or entity named to receive part of an estate, either in a will or by law.
Letters of Administration
The court order that gives the personal representative power to act for the estate. Banks and title agents ask to see them.
Caveat
A notice filed by a creditor or interested party asking the court to give notice before admitting a will to probate.

Common Questions About Lee County Probate

A few questions come up in nearly every probate intake. Short answers follow. The full Lee County court records FAQ covers many more.

Do I need a Florida attorney to open a probate case? For formal administration, yes, unless the personal representative is the sole beneficiary. The Clerk probate page sets this rule. Summary administration and disposition without administration do not require an attorney by rule, though many filers still use one.

How do I get a certified copy of a Lee County probate order? Order through the Clerk of Court at the counter, by mail, or as an e-certified file. Certified copies cost $1.00 per page plus $2.00 per certification. E-certified copies are $8.00 each through the Clerk vendor.


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