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Probate Attorney Fort Myers Lee County FL
Fort Myers & Lee County Probate Attorneys
Losing a family member is difficult enough. Navigating Florida's probate process while grieving — managing creditor claims, court filings, asset valuations, and beneficiary notices — adds a significant administrative burden at the worst possible time. Martin Law Firm's probate attorneys are here to carry that burden for you.
Since 2006, we have administered over 1,000 probate estates in Lee County, Collier County, Charlotte County, and throughout Florida. We represent personal representatives — whether named in a will or appointed by the court — through every stage of estate administration, from opening the probate case to final distribution and closing.
We also offer statewide virtual representation for out-of-state personal representatives managing Florida estates remotely. If a loved one owned property in Fort Myers, Cape Coral, or elsewhere in Southwest Florida, we can handle the entire Florida probate process without requiring you to travel.
Understanding Florida Probate: Formal vs. Summary Administration
Florida law provides two primary forms of probate administration, and the right one depends on the estate's size and circumstances.
Formal Administration
Required when the estate's gross value exceeds $75,000 or when an active personal representative is needed to manage complex assets, resolve debts, or handle disputes. Formal administration involves the court appointing a personal representative, who then carries out all estate duties under court supervision. The process typically takes 6 to 12 months in Lee County.
Summary Administration
An expedited process available when the estate's value is $75,000 or less (excluding the homestead) and there are no outstanding debts — or when the decedent has been deceased for more than two years (eliminating creditor claims by statute). Summary administration does not require appointing a personal representative and can often be completed in a few weeks to a few months. It is a significantly faster and less expensive option when available.
Ancillary Administration
If the decedent lived outside Florida but owned real property in Lee County or elsewhere in Florida, a separate Florida probate — called ancillary administration — is required to transfer that property. We regularly handle ancillary proceedings for families across the country whose loved ones owned vacation property, rental property, or investment real estate in Southwest Florida.
Not sure which type of probate applies?
We determine the appropriate form of administration during your free consultation — analyzing the estate's assets, debts, and structure to recommend the most efficient path.
Does Every Estate Have to Go Through Probate in Florida?
No. Many assets pass outside of probate entirely. Only assets titled solely in the decedent's name — without a beneficiary designation or joint ownership with survivorship rights — must go through probate. Assets that typically avoid probate include:
- Life insurance with a named beneficiary
- IRAs, 401(k)s, and retirement accounts with beneficiary designations
- Bank accounts with payable-on-death (POD) designations
- Real property held in joint tenancy with right of survivorship
- Assets held in a revocable living trust
- Vehicles with a transfer-on-death (TOD) designation
If a loved one had a well-structured estate plan, probate may be minimal or unnecessary. If they did not, we assess exactly what must go through probate and what does not — and handle the rest efficiently.
Duties of a Personal Representative in Florida
If you have been named as personal representative (executor) in a will — or appointed by the court — you carry significant legal responsibilities. Failure to fulfill them correctly can expose you to personal liability. Our attorneys guide you through every step.
- Open the Estate File the petition for administration and the will (if any) with the Lee County Circuit Court Probate Division. Receive Letters of Administration from the court, authorizing you to act on behalf of the estate.
- Notify Beneficiaries and Creditors Provide written notice to all known beneficiaries. Publish a Notice to Creditors in a local newspaper, opening a 90-day window for creditors to file claims.
- Inventory and Value Estate Assets Identify, locate, and secure all probate assets — real estate, financial accounts, personal property, business interests. File an Inventory with the court within 60 days of appointment.
- Pay Valid Debts and Expenses Review all creditor claims and pay those that are valid. Priority debts (funeral expenses, administration costs, taxes, secured claims) must be paid before unsecured debts. Invalid claims can be objected to and denied.
- File Tax Returns File the decedent's final income tax return (and, if applicable, an estate income tax return and any required estate tax return). Obtain tax clearance before distributing assets.
- Distribute Assets to Beneficiaries After all debts, taxes, and expenses are paid, distribute the remaining assets to beneficiaries according to the will — or Florida's intestate succession statutes if no valid will exists.
- Close the Estate File a Petition for Discharge with the court, accompanied by a final accounting. Upon court approval, the estate closes and your duties as personal representative conclude.
Frequently Asked Questions — Probate in Fort Myers & Lee County
How long does probate take in Lee County, Florida?
Formal administration typically takes 6 to 12 months. The mandatory creditor claim period alone is 90 days from the first publication of the Notice to Creditors. Summary administration can be completed in weeks to a few months when available. Contested estates — involving will disputes or creditor litigation — can take considerably longer. We give you a realistic timeline estimate at the outset based on the specific estate.
Does a will avoid probate in Florida?
No. A will does not avoid probate — it directs how probate assets are distributed. Having a valid will simplifies and streamlines the probate process by clearly identifying the personal representative and beneficiaries, but probate is still required to transfer assets titled solely in the decedent's name. Trusts, beneficiary designations, and joint ownership with survivorship rights avoid probate; a will alone does not.
What happens if someone dies without a will in Florida?
Dying without a will is called dying "intestate." Florida's intestate succession laws (Chapter 732 of the Florida Statutes) determine who inherits the estate. Generally, assets pass to the surviving spouse and/or descendants in a priority order set by statute. The court appoints a personal representative — typically the surviving spouse or an adult child — to administer the estate. We handle intestate estates regularly and can explain exactly how Florida law would distribute a specific estate.
Who pays the debts of the estate in Florida?
The estate pays its own debts from estate assets before distribution to beneficiaries. Beneficiaries are not personally liable for the decedent's debts. The personal representative is responsible for identifying, reviewing, and paying valid creditor claims in the statutory priority order. If estate assets are insufficient to pay all debts, the estate is considered insolvent and creditors are paid in order of statutory priority. Heirs generally receive nothing from an insolvent estate.
Can I contest a will in Florida probate?
Yes. A will contest must be filed in the probate proceeding on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. Time limits apply — typically within the timeframe specified in the Notice of Administration. Our estate litigation team handles will contests on behalf of both challengers and personal representatives defending the estate.
What court handles probate in Fort Myers?
Probate matters for Lee County are handled by the Lee County Circuit Court, Probate and Guardianship Division, at the Lee County Justice Center in Fort Myers. Martin Law Firm has appeared in this court regularly since 2006.
Can an out-of-state family member serve as personal representative?
Yes, if they are a close relative of the decedent — spouse, child, parent, sibling, or other close relative as defined under Florida Statutes § 733.304. Non-related non-residents cannot serve as personal representative in Florida. We represent many out-of-state personal representatives remotely, handling all Florida court filings and appearances on their behalf.
What is ancillary probate and do I need it for Florida property?
If the decedent lived in another state but owned real estate or other assets in Florida, a Florida ancillary probate proceeding is required to transfer that property — even if a full probate is being conducted in their home state. We handle ancillary probate statewide and work with out-of-state counsel to coordinate the proceedings efficiently.
Why Families Choose Martin Law Firm for Lee County Probate
- 1,000+ estates administered. From simple summary administrations to complex multi-property estates, we have seen every probate scenario Southwest Florida presents.
- Local court knowledge. We know the Lee County Probate Division — its judges, procedures, and timing expectations — from 20 years of practice there.
- Virtual representation available. Out-of-state personal representatives can work with us entirely remotely. We appear in court on your behalf.
- Probate litigation capability. If the estate is contested — will disputes, creditor fights, beneficiary conflicts — our litigation team handles it. You do not need to retain separate counsel for probate disputes.
- Estate planning integration. After closing an estate, many clients choose to put proper planning in place to protect their own families from the same process. We handle both.
Named as Personal Representative? We Can Help.
Our Fort Myers probate attorneys offer free consultations for personal representatives and families navigating Florida probate. We will explain the process clearly, estimate the timeline and costs, and take the administrative burden off your plate.
(239) 443-1094 pleadings@martinlawfirm.comSchedule Your Free Consultation