Probate Attorney for Lakeland, Florida

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 $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 consultation 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 by phone, video, and e-signature.

Inherited a house or other real property here, or took charge of one as personal representative or trustee? Our guide to inheriting a house in Polk County maps every office that now matters to you, including the property appraiser, tax deadlines, code enforcement, and how to watch what the county is planning near the property.

Local Rules, Judges, and the Clerk’s Probate Office

Every circuit publishes administrative orders and local procedures that control how probate actually runs in Polk County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. Polk takes original wills only at the Polk County Courthouse in Bartow, 255 N. Broadway Avenue, because the Lakeland and Lake Alfred offices do not accept them, which matters when the custodian has ten days from learning of the death. A quiet estate also gets pulled onto a delinquency calendar by a case manager without any party moving. The circuit will generally not sign an order determining homestead until the creditor claim period has run, so a homestead determination cannot be fast-tracked as a matter of course; getting one early takes a motion showing good cause and a hearing.

• Administrative orders of the Tenth Judicial Circuit
• Tenth Judicial Circuit judges directory
• The clerk’s probate office for Polk County
• Local probate forms and checklists

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.

Rather handle the filing yourself? Our Polk County Probate Court filing guide is the procedural version of this page, with the courthouse address, where the original will goes, which forms the county wants, the posted filing fee, and an eleven-step checklist for opening the estate.

Frequently Asked Questions

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 September 29, 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 Lakeland and Polk County residents from Miami; this is not a Lakeland office.