Probate in Polk County: Where It’s Filed
Lakeland is in Polk County, which sits in Florida’s 10th Judicial Circuit. Probate is filed with the Polk County Clerk of the Circuit Court and Comptroller, in the county where the decedent was domiciled at death. Cases are handled at the Polk County Courthouse at 255 North Broadway Avenue in Bartow. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Polk County estate handled without anyone traveling to the courthouse.
Polk County centralizes probate at the courthouse in Bartow, the county seat, so Lakeland-area estates are filed in Bartow. We serve Lakeland and Polk County residents, including Lakeland, Winter Haven, Bartow, Auburndale, Haines City, Davenport, Lake Wales.
Which Kind of Probate You’ll Need
Most Polk 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 $75,000 or less 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 Polk 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 Polk 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 Lakeland and Polk County remotely, by phone, video, and e-signature.
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Book your free consultFrequently Asked Questions
Where is probate filed in Polk County?
Probate is filed with the Polk County Clerk of the Circuit Court and Comptroller, in the 10th 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 Polk County estates remotely.
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 Lakeland and Polk 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 Polk County Clerk of the Circuit Court and Comptroller (10th Judicial Circuit) and the Florida Courts E-Filing Portal. (retrieved 2026-06-07)
Updated June 7, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice. We serve Lakeland and Polk County residents remotely; this is not a Lakeland office.