Probate Lawyer Cape Coral, Florida

How does probate work in Cape Coral?

Cape Coral probate cases are filed with the Lee County Clerk of Court (Kevin C. Karnes) and heard in the 20th Judicial Circuit Court. The 20th Judicial Circuit covers five counties: Lee, Charlotte, Collier, Glades, and Hendry.

While Cape Coral is the largest city in Lee County, formal probate filings and judicial reviews happen primarily at the Lee County Justice Center in Fort Myers, not at the Lee Government Center in Cape Coral. The Cape Coral location handles certain clerk services (passport applications, marriage licenses, some filings) but probate matters generally route to the Fort Myers courthouse.

Probate courthouse locations:

• Lee County Justice Center (Fort Myers): 1700 Monroe Street, Fort Myers, FL 33901. Primary probate venue for Cape Coral residents.
• Lee Government Center (Cape Coral): 1039 SE 9th Place, Cape Coral, FL 33990. Limited clerk services.

The basic sequence is the same in every Florida case:

1. File the original will with the Lee County Clerk within 10 days of receiving notice of death (required by Florida Statute 732.901).
2. File the petition for administration with the Lee County Clerk.
3. Letters of administration issue. The court formally appoints the personal representative.
4. Notify creditors. Notice published in a Lee County newspaper, and known creditors served directly.
5. Inventory and appraise the estate within 60 days of letters issuing.
6. Resolve creditor claims within the 90-day window.
7. Pay debts and taxes. Most Florida estates owe no state tax.
8. Distribute remaining assets to beneficiaries per the will or under intestacy.
9. Close the estate with a final accounting and PR discharge.

Our full walkthrough of the first 30 days is in how to start the probate process in Florida after a loved one passes.

Formal vs. summary administration: which applies in Cape Coral?

Our full guide on summary administration in Florida walks through qualifying criteria and required documents. A third path, disposition without administration, is available for very small estates where the only assets are exempt property and reasonable funeral expenses.

Cape Coral probate timeline and cost

Court filing fees and publication costs typically run a few hundred dollars combined. Attorney and personal representative fees are governed by Florida Statute 733.6171 and 733.617, which set presumptively reasonable percentages of estate value. Most attorneys negotiate flat or hourly fees below the statutory percentages for routine cases.

What are the duties of a personal representative in Florida?

The personal representative (Florida's term for executor) is a fiduciary, personally liable for breaching their duties. Major obligations under Chapter 733 of the Florida Statutes:

• Marshaling the estate's assets and protecting them from loss
• Notifying known creditors and publishing notice to unknown creditors
• Filing an inventory within 60 days of letters issuing
• Paying valid debts, taxes, and expenses of administration
• Distributing remaining assets per the will (or under intestacy if there's no will)
• Filing accountings with the court and a final accounting at closing
• Acting impartially among beneficiaries and avoiding self-dealing

Our breakdown of what Florida personal representatives are legally required to do covers each duty, including the deadlines that most often trip up first-time PRs.

Which assets skip probate in Florida?

• Assets in a revocable living trust. The trust owns the property, so nothing to probate.
• Jointly titled property with right of survivorship. Passes automatically to the surviving owner.
• Tenancy by the entireties property (between married couples). Passes to the surviving spouse.
• Beneficiary-designated accounts. IRAs, 401(k)s, life insurance, annuities, POD/TOD accounts.
• Florida homestead, treated specially under the Florida Constitution.

Full breakdown in probate vs non-probate assets in Florida.

Can out-of-state heirs handle Cape Coral probate?

Yes. We handle Cape Coral and Lee County probate cases for beneficiaries and personal representatives who live outside Florida, often the adult children of retirees who relocated to southwest Florida.

Out-of-state PRs face a few additional requirements:

• The non-resident PR must be a qualifying relative under Florida Statute 733.304, or serve alongside a Florida resident co-PR
• If the decedent owned real estate in Florida but lived elsewhere, the case may proceed as ancillary administration alongside the primary probate in the home state. This is particularly common in Cape Coral given the significant snowbird and second-home population.
• Florida courts allow most filings to be handled by Florida counsel without the PR appearing in person; in-person appearances at the Fort Myers courthouse are rare and usually only for contested hearings

Our full guide on how out-of-state heirs can navigate a Florida probate case covers the qualifying-relative rules, ancillary administration, and the practical logistics.

What happens if a Cape Coral resident dies without a will?

This is called dying intestate. Florida Statute 732 governs how the estate gets distributed, and the order is fixed.

The basic Florida intestate hierarchy:

• Spouse and no descendants: entire estate to spouse
• Spouse and descendants, all common to both: entire estate to spouse
• Spouse and decedent's descendants from a prior relationship: 50% to spouse, 50% to descendants
• Spouse and spouse's descendants from a prior relationship: 50% to spouse, 50% to decedent's descendants
• Descendants but no spouse: entire estate to descendants per stirpes
• No spouse or descendants: parents, then siblings, then more distant relatives

The full hierarchy and the surprises it produces (especially for blended families and unmarried partners, who get nothing under intestacy) are covered in our guide to Florida intestacy laws.

To prevent intestacy for your own family, see our estate planning practice.

Why work with Kelley, Grant & Tanis, P.A.

Brett Halperin leads the firm's probate, estate planning, trust administration, elder law, and asset protection practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He's a member in good standing of the Florida Bar, which gives the firm statewide standing to represent estates in any Florida judicial circuit.

Full attorney bios on our attorneys page.

The firm's two offices are in South Florida, approximately three hours east of Cape Coral:

• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432

Most Cape Coral probate work happens remotely. Documents are signed via mail or remote online notarization (RON). Court filings are handled by counsel. Client meetings happen by phone or video. Our Cape Coral and Lee County clients do not need to travel across the state for routine probate matters.

Probate often touches the firm's other practice areas: estate planning to avoid probate going forward, trust creation for revocable trust structures, and title insurance for estates with Florida real estate to sell.

Frequently Asked Questions