Where the Lake County Probate Court Actually Sits
Lake County probate is heard in the Fifth Judicial Circuit, at the Lake County Courthouse at 550 West Main Street in Tavares, which the circuit’s own judge pages call the Lake County Judicial Center. Filings go through the Lake County Clerk of the Circuit Court and Comptroller, whose main line is 352-742-4100 and whose mail goes to P.O. Box 7800, Tavares, FL 32778. Leesburg, Clermont and Mount Dora estates are all filed in Tavares, because Lake takes probate only at the county seat.
Four circuit judges carry Lake probate, each holding a quarter of it alongside criminal and civil dockets, with chambers in Suites 5, 6, 8 and 11 of the same building. Guardianship, incapacity and mental health go to a fifth judge, so an estate and a guardianship for the same family are heard by different judges.
The probate counter is at the Lake County Clerk of the Circuit Court and Comptroller at the Lake County Courthouse, 550 West Main Street, Tavares, FL 32778, 352-742-4100. The Clerk publishes no counter hours, no room, suite or floor for probate and no separate probate line, so the main number is the way in and mail goes to P.O. Box 7800, Tavares, FL 32778-7800. Original wills and death certificates are filed with the Clerk rather than sent to a judge’s office, and Leesburg, Clermont and Mount Dora estates are all filed in Tavares, because Lake takes probate only at the county seat.
- The clerk’s probate page for Lake County
- Fifth Judicial Circuit judges directory
- Administrative orders of the Fifth Judicial Circuit
- Local probate forms and checklists
One thing worth settling before you go any further. The case belongs in the county where the person was domiciled when they died, and Florida law fixes that rather than letting anyone choose it. If your mother lived in Lake County, her estate is a Lake County case, even if you live in another state and even if a different courthouse would be more convenient for everyone involved. It is the county that decides, not the town, so estates from Leesburg, Tavares, Mount Dora, Clermont, Eustis, and Lady Lake are all Lake County cases filed with the same clerk. Which division or section then hears the case is a separate question, and the next section answers it.
Which Judges Hear Probate Cases in Lake County?
Probate cases in Lake County are heard by the judges the chief judge assigns to the division, and the circuit publishes who they are. Knowing who has the division tells you whose procedures apply to your hearing, and how long a judge has had it tells you how settled those procedures are.
- James R. Baxley, Administrative Judge for Lake County, carrying 25 percent of Lake probate alongside criminal, death penalty and civil non-jury dockets, in Suite 8 with judicial assistant Andrea Roberts at (352) 742-4203, assigned June 22, 2026 (AO L-2025-60-D).
- Heidi Davis, 25 percent of Lake probate, with criminal, death penalty, civil non-jury and Drug Court, in Suite 5 with judicial assistant Lisa Denison at (352) 742-4215, assigned June 22, 2026 (AO L-2025-60-D).
- Cary F. Rada, 25 percent of Lake probate, with criminal, death penalty and civil non-jury dockets, in Suite 11 with judicial assistant Margie Eaton at (352) 253-4512, assigned June 22, 2026 (AO L-2025-60-D).
- Brian J. Welke, 25 percent of Lake probate, with criminal, death penalty, civil non-jury and Veterans Court, in Suite 6 with judicial assistant Sherry Turner at (352) 742-4206, assigned June 22, 2026 (AO L-2025-60-D).
The circuit’s judicial directory is the source, read on September 16, 2026. Assignments rotate, usually at the start of a calendar year, so check it before a hearing.
How Busy the Lake County Probate Court Is
The state court system counts every petition filed in the circuit probate division, and the FY 2024-25 figures for Lake County are 1,429 probate filings, 230 guardianship filings and 2 trust filings, plus 683 Baker Act and Marchman Act cases that the same division carries. The division closed 1,561 probate cases in the same year.
| Case type | Filed | Closed |
|---|---|---|
| Probate | 1,429 | 1,561 |
| Guardianship | 230 | 218 |
| Trusts | 2 | 4 |
| Baker Act and Marchman Act | 683 | 686 |
| Whole division | 2,344 | 2,469 |
Statewide the probate column was 73,282 filings against 141,166 for the whole division in FY 2024-25, so more than a third of what a Florida probate judge signs has nothing to do with an estate. The figures come from the Office of the State Courts Administrator's Statistical Reference Guide, chapter 6, and the next fiscal year's edition usually appears the following autumn.
How a Case Gets Filed in Lake County Today
Florida runs one statewide electronic filing system, the Florida Courts E-Filing Portal, and every circuit court in the state receives filings through it. Attorneys have no choice about it. The rule says attorneys must file through the portal, and no other method is permitted except in the narrow situations the rule itself lists.
A self-represented person is in a different position, and this is the part almost nobody is told. You may elect to register for the portal and file electronically, or you may hand or mail paper to the clerk, who converts it to electronic format for the official court file. Both routes are proper and both land in the same queue. One caution rides along with the choice. Once you elect to file electronically, you cannot go back to paper without the court’s permission.
Registering costs nothing and filing itself costs nothing. What you pay is the statutory filing fee for the case, plus a payment convenience fee that depends on whether you pay by card or by electronic check.
The practical consequence is that a Lake County estate does not require anyone to be in Florida. An out-of-state family can open, run, and close a case from a kitchen table in another state, because the filings, the notices, and the proposed orders all move electronically. The exceptions are physical documents, and there are only a few of them.
Lake spreads probate across four circuit judges, each taking a quarter of the county’s estates alongside criminal and civil non-jury dockets, under an assignment order signed on May 26, 2026 that took effect on June 22, 2026. Guardianship, incapacity and mental health all go to a fifth judge instead. So a family that opens an estate and a guardianship for the same person is in front of two judges in the same building, with two judicial assistants and two calendars, and the estate itself lands with one of four judges rather than with a probate division.
Where the Original Will Goes
Here is the rule that catches almost everyone, and it is stricter than families expect. Whoever is holding the original will has to deposit it with the clerk of the court that has venue over the estate, within 10 days of receiving information that the person has died. Read that trigger carefully. The clock does not start at the death, it starts when the custodian learns of the death, and the duty belongs to that custodian personally. It does not wait for a lawyer, it does not wait for the family to agree on anything, and it applies whether or not anybody intends to open a probate case. When the will goes in, the clerk also wants the date of death or the last four digits of the deceased person’s Social Security number.
The original itself travels on paper. Whatever a county does about an electronic copy, the physical document has to reach the clerk, and how it gets there is settled county by county rather than statewide. Original wills and death certificates go to the Lake County Clerk rather than to a judge, and the circuit says so on the probate division page in the same breath as it says the Clerk sets the filing fees. The Clerk publishes no room, suite or floor for the probate counter and no direct probate line, so call 352-742-4100 before you travel to Tavares with an original. Certified copies of an order can be requested three business days after the e-served copy reaches you.
Three things families routinely get wrong here are worth naming. Depositing the will is not probating it, so handing the original to the clerk does not open an estate, does not appoint anyone, and does not make you responsible for the debts. It is a filing, not a job. A copy is not a substitute either, because a court can admit a lost or destroyed will but proving one is a separate proceeding with a heavier burden, which is a poor trade for a document that could have been walked to a counter. And sitting on a will is a genuinely bad idea. A custodian can be compelled to produce it, and where the court finds there was no just or reasonable cause for holding it back, Florida awards costs, damages, and a reasonable attorney fee against that person personally.
Two small mercies. If the original goes in attached to the petition, Florida treats it as deposited, so it is not a second errand. And once the clerk has it, the original is kept in its original form for at least 20 years whether or not it is ever admitted to probate. Scanning a will does not replace it.
Which Forms You Actually Need
The honest answer surprises people, so here it is plainly. Florida has an official statewide form set for family law, approved by the Supreme Court and free for anyone to use. It has never built the same thing for probate. The state’s own self-help service says as much, telling visitors that it does not provide any forms related to the probate process and to ask a lawyer which form is needed.
So when you search for the Lake County probate forms, you are looking for something that does not exist as one official packet, which is why the results are a scatter of clerk pages, circuit pages, and companies selling you a template. What actually controls comes from three layers, and you need all three.
- The Florida Probate Rules, which prescribe contents rather than forms. The rule on the petition for administration lists eleven things the petition must state, from the decedent’s domicile to whether the proposed personal representative has been convicted of a felony. A document that satisfies the rule is legally sufficient even if it looks nothing like anyone’s template. The rules do carry a small set of forms of their own, but they are almost entirely guardianship forms, and the rules say outright that those forms are not intended to be part of the rules and are provided for convenience only. The one decedent-estate form actually written into the probate rules is the oath of the personal representative.
- The practitioner form set. Most Florida probate documents you will ever see are built from a numbered probate form set published by a private nonprofit and sold commercially. Lawyers treat it as the standard. It is not court-approved, and nothing obliges a court to accept it.
- The local layer, which is the one that rejects you. Lake is the one county in the circuit that will not take a proposed order through the portal at all. A cover letter goes by US Mail to the assigned judge’s office carrying three things, a portal-stamped submission copy of the completed checklist, a portal-stamped submission copy of the motion or petition, and the proposed order itself. The division page then prints its own list of what not to do, and the list is unusually blunt. No email submissions, no proposed orders e-filed through the portal, no copies to conform, no self-addressed stamped envelopes, and no payments sent to a judge’s office. An order that arrives without everything it needs is held for ten days while the court waits for the rest, which costs the estate a fortnight rather than drawing a phone call. Four checklists carry the practice, one for opening a formal administration, one for closing one, one for summary administration and one for determining the homestead status of real property, and the matching checklist is what makes the proposed order reviewable. Two forms of Lake’s own sit beside them, an Affidavit of Heirs and a Notice Regarding Original Will, and the circuit posted fresh fillable Lake petitions for summary administration, with a will and without one, on August 26 and 27, 2026.
So start at the bottom of that list rather than the top. The circuit and the clerk publish what they want on their own forms and checklists page, and half an hour there before you draft anything is the cheapest half hour in the case.
The Administrative Orders That Govern Probate in Lake County
Each circuit adds its own layer on top of the Florida Probate Rules through administrative orders signed by the chief judge and the procedures each division publishes, and that layer is where a petition gets rejected. These are the orders that govern probate practice in Lake County as of September 16, 2026.
- AO L-2025-60-D, Fourth Amended Administrative Order of Circuit Court Assignments for 2026 (signed May 26, 2026, circuit assignments effective June 22, 2026). Splits Lake probate four ways, a quarter to each of four circuit judges who also carry criminal, death penalty and civil non-jury dockets, and sends every guardianship and every mental health case to a fifth judge, Brian M. Toti, along with all domestic violence injunctions. Being the fourth amendment to one calendar year of assignments is itself a sign of how much the Lake bench moved in 2026.
- AO L-2026-08, Administrative Order Rescinding, Vacating, or Superseding Designated Administrative Orders (posted March 2026). Retires a list of older Lake orders, which is the housekeeping that makes an order found in a search result unreliable unless you check it against the current index.
- AO A-2026-13-A, Amended Administrative Order In Re The Use of Artificial Intelligence in Court Filings and Proceedings and The Protection of Confidential Information (posted June 2026). Sets the circuit-wide rule for filings prepared with artificial intelligence and for protecting confidential information inside them, and it applies in every Fifth Circuit county.
- AO A-2024-06, Administrative Order Regarding Eldercaring Coordination as a Form of Alternative Dispute Resolution within the Fifth Judicial Circuit (posted January 2024). Creates eldercaring coordination as an alternative dispute resolution track across the circuit, which is the family-conflict route in a guardianship rather than a hearing.
The division also publishes its own procedures, and the points a filer most needs are these.
- Proposed orders go by US Mail, not through the portal and not by email. A cover letter is mailed to the assigned judge’s office carrying three things, a portal-stamped submission copy of the completed checklist, a portal-stamped submission copy of the motion or petition, and the proposed order itself.
- An order that arrives without everything it needs is held for ten days while the court waits for the rest of the documentation, so an incomplete packet costs the case a fortnight rather than drawing a phone call.
- The division page prints its own list of what not to do, and the list is unusually blunt. No email submissions, no proposed orders e-filed through the portal, no copies to conform, no self-addressed stamped envelopes, and no payments sent to a judge’s office.
- Four checklists carry the practice, one for opening a formal administration, one for closing one, one for summary administration and one for determining the homestead status of real property. The matching checklist is what makes the proposed order reviewable.
- Two forms of Lake’s own sit beside the checklists, an Affidavit of Heirs and a Notice Regarding Original Will, along with petition and order templates. The circuit posted fresh fillable Lake petitions for summary administration, with a will and without one, on August 26 and 27, 2026, which is the packet catching up with the $150,000 threshold that took effect on July 1, 2026.
- Original wills and death certificates go to the Lake County Clerk rather than to a judge, and the Clerk sets the filing fees. A certified copy of an order can be requested three business days after the e-served copy reaches you.
- Hearing time comes from the assigned judge’s judicial assistant, and the circuit lists the four pairings on its Lake County probate division page. Only the Baxley pairing appears again on the judge’s own page, so confirm the other three by phone before you rely on a name or a number.
The full procedures are on the court’s site, and they change more often than the statutes do.
The Checklist for Opening an Estate in Lake County
This is the sequence for a formal administration, which is the full version. A smaller estate skips most of it, and the section after this one covers that. Each step below happens in this order for a reason, because the later ones depend on the earlier ones being done.
- Order certified death certificates. The funeral home usually orders them and will ask how many you want. Ask for more than feels sensible, often five to ten, because the court, each bank, each insurer, and the property records all want their own certified copy, and reordering later is slow.
- Find the original will and deposit it with the clerk. The 10-day clock runs from when the custodian learns of the death, not from when anyone files anything, and it is the one deadline that can already be running while the family is still planning a funeral. Where the original goes in Lake County is above, and it is never just a matter of uploading it.
- Decide which kind of administration the estate needs. Formal administration is the default. Summary administration and disposition without administration are lighter and cheaper, and they are worth ruling out before you file anything, because you cannot un-file a formal case cheaply.
- Confirm the county. Venue follows the decedent’s domicile at death, or for someone who lived out of state, a county where they owned property. This is one of the few things in probate that is genuinely hard to fix later.
- Prepare and e-file the petition for administration, with the local extras. The petition is verified, meaning signed under penalty of perjury, and it has to name every interested person, which is the line that most often comes back to bite an estate later. File it with whatever Lake County adds on top, because that is what a rejection is usually about. The filing fee is $400.
- File the oath, the address designation, and the designation of resident agent. All three are due before letters issue. The oath is a sworn promise to faithfully administer the estate, and the appointment rests on it. The address designation puts the representative’s street and mailing address on the record. The resident agent designation, signed by the agent accepting the job, is required unless the representative is a corporate fiduciary with a Florida office or a Florida Bar member who lives and keeps an office in Florida, which in practice means nearly every family representative files one and the attorney usually is the agent. These can be folded into the petition or the oath rather than filed separately.
- Get the order and the letters of administration. Once the petition is in and the will is admitted, the court appoints the representative, sets or waives bond, and confirms the oath and resident agent papers are on file. Letters of administration then issue, and the letters are the thing that carries weight in the outside world. Order roughly ten certified copies at once, because banks, brokerages, and title companies each keep one and many will not accept letters more than 60 to 90 days old.
- Get an estate tax identification number and open the estate account. This comes right after the letters and before anything else useful can happen, because no bank will open an account for the estate without both.
- Serve the notice of administration. Florida says promptly rather than naming a day count. It goes to the surviving spouse, the beneficiaries, anyone who may be entitled to exempt property, and the trustee and qualified beneficiaries of certain trusts. Service starts a 3-month clock for the person served to challenge the validity of the will, the venue, or the court’s jurisdiction, and after that those objections are barred. That deadline is close to unextendable, because Florida allows an extension only for estoppel based on a misstatement by the personal representative about the deadline itself, and expressly not for failure to disclose information or for other misconduct. The clock also runs only against people who were actually served, so leaving someone off the list does not save time, it leaves the case open. The same notice starts a 4-month window to claim exempt property and a 6-month window for a surviving spouse to elect against the estate.
- Publish the notice to creditors, serve the ones you know about, and document the search. The notice runs in a newspaper in the county once a week for two consecutive weeks. An unknown creditor then has 3 months from the first publication, and a creditor who had to be served gets the later of that or 30 days from service. The representative has to make a diligent search for reasonably ascertainable creditors, though Florida does not demand an impracticable one, and a verified statement about that search goes in within 4 months of the first publication, with proof of publication filed within 45 days. One item gets missed constantly. If the person who died was 55 or older, a copy of the notice and a death certificate go to Florida’s Agency for Health Care Administration within 3 months of the first publication. And a reasonably ascertainable creditor who was never served keeps a claim for up to two years from the death.
- File the inventory within 60 days of the letters, then close the estate. The inventory lists each asset at its date-of-death value and is served on the residuary beneficiaries and the surviving spouse. After the creditor period runs and the claims are resolved, the estate distributes and the representative files a final accounting and a petition for discharge. Florida puts a real deadline on that too, generally within 12 months after the letters issued for an estate that files no federal estate tax return. A straightforward case runs 6 to 12 months from letters to discharge, and the creditor window is what sets the floor.
Not sure which of these steps your situation actually needs?
A free 30-minute consult sorts it in one call. We tell you which kind of administration fits, what it will cost, and whether you need us at all.
Book your free consultWhat It Costs to File in Lake County
These are the charges the clerk posts, not anyone’s legal fee.
| What you are filing | Posted charge |
|---|---|
| Formal administration | $400 |
| Summary administration, $1,000 or more | $345 |
| Summary administration, under $1,000 | $235 |
| Disposition without administration | $231 |
Posted August 2026. Fee schedules move, so confirm the current charge with the clerk before you file. The reason the number looks the same everywhere is that it is the same number. Florida law sets the base charge for opening a formal administration and adds a small statutory service charge on top, so the entire statewide spread across the ten largest counties is one dollar. Our county-by-county filing fee study has all ten posted schedules.
And then there is the number that dwarfs every line above. Florida publishes an attorney fee schedule that is presumed reasonable and scales with the size of the estate, and it is a ceiling the estate may agree to rather than a mandate. On a $100,000 estate the schedule calls $3,000 reasonable. That, not the clerk’s $400, is what probate costs a family. You can run your own numbers in the Florida probate cost calculator.
When the Estate Does Not Need All of This
Before you open a formal administration, rule out the three lighter paths, in this order.
- No probate at all. Only assets in the deceased person’s sole name with no other instruction go through probate. Life insurance and retirement accounts with a named beneficiary, pay-on-death bank accounts, jointly held property with survivorship, property in a funded trust, and a home that passed under a lady bird deed all move without a court case. Sometimes the whole estate turns out to be in that category. Our page on whether you need probate in Florida walks the test.
- Disposition without administration. For the smallest estates, with no real property and not much more than the final bills, whoever paid those bills can ask the clerk to release what is left. It is a request rather than a case, and it costs $231 here. See how disposition without administration works.
- Summary administration. Available when the probate estate is worth $150,000 or less after exempt property, a threshold raised from $75,000 on July 1, 2026, or when the person died more than two years ago. No personal representative is appointed, and the case can close in weeks rather than months. The summary administration guide has a short qualifier.
One warning about that last figure, because it will confuse you if you go looking. Florida publishes its statutes once a year, and the edition on the official statute site still shows the old $75,000 line. The increase to $150,000 is real, it came from a 2026 session law, and the probate rule on summary administration has already been amended to match. Check the rule rather than the posted statute until the new edition appears.
If none of the three fits, the estate needs a formal administration, and the checklist above is the map.
Doing It Yourself, and Where Families Stop
Florida does not require you to hire anyone to file a document. It does require something else, and this is where most families stop. Under the Florida Probate Rules, every personal representative has to be represented by an attorney admitted to practice in Florida unless the representative remains the sole interested person in the estate, or is a Florida-admitted lawyer appearing for himself or herself in that role. Those are the only exceptions. Read it as the practical test it is. One heir, nobody else with an interest, no creditors, and you may proceed alone. A second sibling, or a creditor, and the court expects counsel regardless of how well everyone is getting along.
The smaller paths are different. Disposition without administration is designed to be done without a lawyer, and clerks routinely help with it. Summary administration sits in between, simple on its face and easy to get wrong in ways that surface years later when someone tries to sell the house.
If you do want counsel for a Lake County estate, our probate attorney page for Leesburg covers what we charge and how the remote process works. And if you would rather do it yourself, nothing on this page is holding anything back. Everything above is the actual sequence.
Frequently Asked Questions
Where Is the Lake County Probate Court Located?
Lake County probate is heard in the Fifth Judicial Circuit, at the Lake County Courthouse at 550 West Main Street in Tavares, which the circuit’s own judge pages call the Lake County Judicial Center. Filings go through the Lake County Clerk of the Circuit Court and Comptroller, whose main line is 352-742-4100 and whose mail goes to P.O. Box 7800, Tavares, FL 32778. Leesburg, Clermont and Mount Dora estates are all filed in Tavares, because Lake takes probate only at the county seat.
Can I File a Lake County Probate Case Myself?
You can file it. Whether you can run it is a different question. Florida requires attorneys to file through the statewide e-filing portal, and a self-represented person may elect to register for the portal too or may hand paper to the clerk, who converts it. But a Florida rule of probate procedure requires every personal representative to be represented by an attorney admitted to practice in Florida, unless the representative remains the sole interested person in the estate, or is a Florida-admitted lawyer appearing in that role. Those are the only exceptions. So if there is a second beneficiary, an heir, or a creditor, a formal administration is not a do-it-yourself case no matter how well everyone gets along. Disposition without administration, the smallest-estate path, is commonly done without a lawyer.
What Forms Do I Need to Open a Probate Case in Lake County?
There is no single official statewide probate packet, which is the honest answer nobody gives. Florida approves a statewide form set for family law and has never done the same for probate, and the state’s own self-help service says outright that it provides no probate forms. What controls instead is the Florida Probate Rules, which set out what each document has to contain rather than supplying a form, the practitioner set that a private nonprofit publishes and sells, and then the local layer. Lake takes a proposed order only by US Mail, in a packet with the matching checklist and the petition, and it posts its own Affidavit of Heirs and Notice Regarding Original Will. That local layer is the part that decides whether a filing is accepted, and none of it is in the statute.
How Much Does It Cost to File Probate in Lake County?
The Lake County Clerk of the Circuit Court and Comptroller posts $400 to open a formal administration, $345 for a summary administration of an estate worth $1,000 or more, $235 for a summary administration under $1,000, and $231 for a disposition without administration. Those are government charges paid to the clerk. On top of them come the newspaper notice to creditors, certified copies, and the attorney fee, which is larger than all of the rest put together.
Do I Have to File the Original Will if Nobody Is Opening Probate?
Yes. Depositing the original will with the clerk is a duty that falls on whoever is holding it, and it does not wait for anyone to decide whether to open an estate. Florida gives the custodian 10 days from receiving information that the person has died, and the will goes to the clerk of the court that has venue over the estate, which is normally the county where the person lived. Depositing a will is not the same as probating it, and it does not make you responsible for the estate. It is a filing, not a job. Holding on to a will, on the other hand, has a price. A custodian can be compelled to produce it, and where there was no just or reasonable cause for the delay the court awards costs, damages, and a reasonable attorney fee against that person.
How Long Before the Personal Representative Can Actually Do Anything?
Nothing meaningful happens until letters of administration issue, and in a routine uncontested case that is usually a few weeks from filing. Until the letters exist, a bank will not release an account, a title company will not close on a house, and the person named in the will has no more authority than anyone else in the family. That gap is why the early paperwork is worth doing carefully the first time. A filing rejected for a missing local checklist does not cost you a form, it costs you the weeks.
Which Judges Hear Probate Cases in Lake County?
James R. Baxley, Heidi Davis, Cary F. Rada and Brian J. Welke sit in the probate division as of September 16, 2026, under the circuit’s assignment order. Assignments rotate, usually at the start of a calendar year, so confirm on the circuit’s judicial directory before a hearing.
How Many Probate Cases Does Lake County Handle a Year?
1,429 probate cases were filed in Lake County in FY 2024-25 and 1,561 were closed, on the state court system's count. The same division also took 230 guardianship cases and 683 Baker Act and Marchman Act cases.
Common Situations
The order e-filed into the void. A Leesburg son finished his father’s summary administration, e-filed the proposed order through the portal with everything else, and heard nothing for six weeks. Lake takes a proposed order by US Mail only, in a packet with the portal-stamped checklist and the portal-stamped petition. The order had been filed in the case and never placed in front of a judge, which is a different thing entirely.
The estate and the guardianship in two courtrooms. A Clermont family opened a guardianship for their mother in the spring and an estate for her that winter, and expected the same judge to know the file. Lake sends every guardianship and mental health case to one judge and splits probate among four others. The family dealt with two judges, two judicial assistants and two sets of hearing dates for one set of facts.
Sources of Law
Statutes and rules retrieved August 19, 2026. Court, clerk, and filing-fee data retrieved on the dates noted. Local requirements change without much announcement, so confirm the current version at the links above before you file.
- Rules cited are the Florida Probate Rules, current through the opinion issued July 16, 2026, and the Florida Rules of General Practice and Judicial Administration, effective July 1, 2026.
- Filing. Fla. R. Gen. Prac. & Jud. Admin. 2.525(b)(1) (attorneys must file through the portal; no other method permitted except as the rule provides), 2.525(b)(2) (an unrepresented party may elect to file through the portal, and once made the election may not be withdrawn without leave of court), 2.525(c)(1)(A) (a paper document may be submitted to the clerk, who converts it, where filed by an unrepresented party who has not elected). Filings move through the Florida Courts E-Filing Portal, operated by the Florida Courts E-Filing Authority, which states there is no cost to register and no fee to file electronically, apart from the statutory filing fee and a convenience fee based on the payment method.
- The original will. Fla. Stat. §732.901(1) (custodian must deposit within 10 days after receiving information that the testator is dead, with the clerk having venue, supplying the date of death or the last four digits of the social security number), (2) (custodian may be compelled; costs, damages, and a reasonable attorney fee where there was no just or reasonable cause), (3) (an original submitted with a petition is deemed deposited), (4) (clerk preserves the original in original form for at least 20 years; digitizing does not eliminate the requirement). Fla. Prob. R. 5.043 (deposit of wills and codicils; retained in original form).
- Opening the estate. Venue, Fla. Stat. §733.101. Petition, §733.202 and Fla. Prob. R. 5.200 (the eleven required contents). Preference in appointment, §733.301. Nonresident personal representatives, §733.304. Oath before letters, Fla. Prob. R. 5.320 (which also carries the only decedent-estate form written into the rules). Address designation and designation of resident agent with acceptance, both before letters, with the corporate-fiduciary and Florida-Bar-member exceptions, Fla. Prob. R. 5.110. Issuance of letters and bond, Fla. Prob. R. 5.235 and §733.213.
- Notices and claims. Notice of administration served promptly, the persons served, the 3-month objection window for the validity of the will, venue, or jurisdiction, and the estoppel-only extension, Fla. Stat. §733.212 and Fla. Prob. R. 5.240 (exempt property 4 months, elective share 6 months). Notice to creditors published once a week for 2 consecutive weeks, the diligent search for reasonably ascertainable creditors, and notice to the Agency for Health Care Administration within 3 months where the decedent was 55 or older, Fla. Stat. §733.2121 and Fla. Prob. R. 5.241 (proof of publication within 45 days; verified statement of the search within 4 months). Claim deadlines, the later of 3 months from first publication or 30 days from service, §733.702. Two-year bar after death whether or not letters ever issued, §733.710.
- Running and closing. Inventory within 60 days after issuance of letters at date-of-death value, Fla. Stat. §733.604 and Fla. Prob. R. 5.340. Final accounting and petition for discharge within 12 months after issuance of letters for an estate filing no federal estate tax return, Fla. Prob. R. 5.400(c). Attorney required for the personal representative unless the representative remains the sole interested person or is a Florida-admitted attorney appearing in that role, Fla. Prob. R. 5.030(a). Presumed-reasonable attorney compensation, §733.6171.
- Smaller estates. Summary administration, Fla. Stat. §735.201 and Fla. Prob. R. 5.530(a)(7). Reading note. The statute as officially published still shows $75,000, because Florida publishes its statutes annually and the 2026 edition is not yet posted. The $150,000 figure comes from CS/HB 1337 (2026), ch. 2026-57, Laws of Florida, section 7, effective July 1, 2026, and Rule 5.530 has been amended to match. Disposition without administration, §735.301.
- Forms. The Florida Probate Rules place their forms in Part V and state that the forms are not intended to be part of the rules and are provided for convenience only; the Part V set is essentially guardianship forms. The Florida State Courts System’s self-help service states that Florida Courts Help does not provide any forms related to the probate process, in contrast with the Supreme Court-approved family law forms. The practitioner form set commonly used in Florida probate is published and sold by a private nonprofit and is not court-approved.
- Cost. Probate filing service charges, Fla. Stat. §28.2401. Posted Lake County charges read from the clerk’s own schedule, retrieved 2026-08-09; all ten largest counties are documented in our probate cost by county study.
- Caseload. Florida Office of the State Courts Administrator, FY 2024-25 Statistical Reference Guide, Chapter 6, Circuit Probate, tables of filings and dispositions by circuit, county and category, retrieved September 15, 2026.
- Lake County local court layer, retrieved September 16, 2026, from the judicial directory · AO L-2025-60-D · AO L-2026-08 · AO A-2026-13-A · AO A-2024-06. Judge assignments come from the circuit’s assignment orders cited above. The parking and coffee notes are conveniences for visitors, not court information, and the research file with every source is reference/research/probate-court-pilot/lake-county.md.
- Lake County practice, retrieved 2026-08-12: clerk probate page · Fifth Judicial Circuit administrative orders · judges directory · local forms and checklists.
Updated on September 16, 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. This page is general information about Florida court procedure, not legal advice, and no attorney-client relationship is created by reading it. Court addresses, local checklists, and clerk charges change; confirm them at the official links before you file. We serve Leesburg residents wherever you are, and this is not a Lake County office.