Probate in Monroe County: Where It’s Filed
Key West is in Monroe County, which sits in Florida’s 16th Judicial Circuit. Probate is filed with the Monroe County Clerk of the Circuit Court and Comptroller, in the county where the decedent was domiciled at death. Cases are handled at the Freeman Justice Center at 302 Fleming Street in Key West, while the Clerk’s probate counter sits at the historic Monroe County Courthouse, 500 Whitehead Street. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Monroe County estate handled without anyone traveling to the courthouse.
Monroe County (the Florida Keys) has courthouses in Key West, Marathon, and Plantation Key; Lower Keys estates are filed in Key West. We serve Key West and Monroe County residents, including Key West, Marathon, Islamorada, Key Largo, Big Pine Key, Stock Island.
Which Kind of Probate You’ll Need
Most Monroe County estates pass through one of three doors. The cheapest one may be open.
- Disposition without administration. Tiny estates with only exempt property and final-expense reimbursement; days to weeks.
- Summary administration. Estates of $150,000 or less (raised from $75,000 on July 1, 2026) after exempt property, or when the decedent died more than two years ago; often weeks.
- Formal administration. Everything else; a personal representative is appointed and the case runs about 6 to 12 months.
We confirm which applies at your consult and quote a flat fee. Estimate the cost and timeline first →
How Long, and What It Costs
Formal administration is paced by the 3-month creditor-claim window; clean distribution waits for it to pass. Florida law sets a presumed-reasonable attorney fee scaled to the estate, but it’s a ceiling, not a mandate. Our flat fees start at $1,500 (disposition), $2,500 (summary), and $3,500 (formal). Government costs, the Monroe County filing fee (about $400), newspaper publication, and certified copies, are additional and passed through at cost. See the full Florida probate guide →
Out-of-State Personal Representatives
Under Florida law, you can serve as personal representative of a Monroe County estate from another state if you’re related to the decedent by blood, adoption, or marriage; an out-of-state child qualifies. We represent personal representatives across Key West and Monroe County by phone, video, and e-signature.
Local Rules, Judges, and the Clerk’s Probate Office
Every circuit publishes administrative orders and local procedures that control how probate actually runs in Monroe County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. Monroe runs three courthouses and an administrative order decides which one hears your probate by bridge. Key West serves the Lower Keys up to the west end of the Spanish Harbor Bridge, Marathon serves from there to the east end of the Channel Five Bridge, and Plantation Key serves everything above that, including Key Largo and the mainland portion of the county. The Clerk can reject a filing that is e-filed to the wrong courthouse. An administrative order divides Monroe County into three filing divisions defined by bridges, and Section 06 of the order library is the probate and guardianship series. The circuit’s own site blocks automated access, so the Clerk’s mirror is the dependable place to read the orders.
- Administrative orders of the Sixteenth Judicial Circuit
- Sixteenth Judicial Circuit judges directory
- The clerk’s probate office for Monroe County
You do not have to learn any of this yourself. Part of what a flat fee covers is an attorney who already files under these rules, so nothing bounces back for a missing checklist.
Handling a Key West estate?
A free 30-minute consult tells you which kind of probate applies and what it will cost.
Book your free consultFrequently Asked Questions
How do I choose a probate lawyer in Key West?
Ask the same four questions everywhere in Florida. Is the fee flat or the statutory percentage, in writing? Does the lawyer litigate if a will contest or objection erupts mid-case? Can the whole case be handled without you coming to Florida, since Florida probate e-files statewide? And does the estate, not you personally, pay the fee? We answer flat, yes, yes, and yes for Key West and Monroe County families.
Where is probate filed in Monroe County?
Probate is filed with the Monroe County Clerk of the Circuit Court and Comptroller, in the 16th Judicial Circuit, where the decedent was domiciled. Attorneys e-file through the statewide Florida Courts E-Filing Portal, so you don't have to appear in person. We handle Monroe County estates wherever you are.
How long will it take?
Formal administration in any Florida county usually runs 6 to 12 months because the 3-month creditor-claim window (§733.702) must pass. Summary administration is faster, often a few weeks to about two months.
Do I need a local attorney if I live out of state?
You need a Florida attorney for most formal administrations (Fla. Prob. R. 5.030), but you don't need to be local. We represent personal representatives across Key West and Monroe County by phone, video, and e-signature.
Sources
- Fla. Stat. ch. 733 to 735 (administration); §733.304 (nonresident PR); §733.702 (creditor claims); Fla. Prob. R. 5.030 (attorney required). Filing via the Monroe County Clerk of the Circuit Court and Comptroller (16th Judicial Circuit) and the Florida Courts E-Filing Portal. (retrieved 2026-06-07)
Updated August 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice. We serve Key West and Monroe County residents from Miami; this is not a Key West office.