Search Cape Coral Probate Court Records

Probate court records for Cape Coral residents are maintained by the Lee County Clerk of the Circuit Court at the Lee County Justice Center in Fort Myers, directly across the Caloosahatchee River from Cape Coral. When a Cape Coral resident dies and their estate needs to go through probate, the case is filed in Lee County under Florida's 20th Judicial Circuit. This page explains how to find those records, which type of probate case applies to a given estate, what fees the clerk charges, and where to get legal help in the area.

Lee County Handles Probate for Cape Coral Residents

Cape Coral sits entirely within Lee County, so all probate cases for its residents go to the Lee County Clerk of the Circuit Court. The courthouse is in Fort Myers, the county seat, a short drive or bridge crossing from Cape Coral's western edge. The clerk's office handles filings, collects court fees, and keeps the official case records for every probate matter in Lee County.

The 20th Judicial Circuit covers Charlotte, Collier, Glades, Hendry, and Lee counties. Lee County has its own probate judge or division, and all probate cases for Cape Coral residents fall under that judge's supervision. Routine cases may proceed without a hearing, but contested matters, creditor disputes, and will challenges all come before the court.

See the Lee County probate records page for more detail on county-level procedures and local resources.

The 20th Judicial Circuit Court's website has information on the probate division, local rules, and court administration for the five-county circuit.

The 20th Circuit administers probate in Lee County along with Charlotte, Collier, Glades, and Hendry counties.

The City of Cape Coral's official website covers city services, permits, and local government information but does not handle probate filings.

City hall manages municipal matters only. For probate, you file with the Lee County Clerk in Fort Myers.

How to Search Lee County Probate Records

The Lee County Clerk's online portal at leeclerk.org offers public case search for probate and other circuit court matters. You can search by the name of the deceased or the case number. Most case dockets and many filed documents are viewable at no cost. The portal also shows what documents have been filed and when, so you can track the progress of an active case.

For in-person access, go to the Lee County Justice Center at 1700 Monroe St in Fort Myers. Tell the clerk's staff what you're looking for and they can pull the file. You can review documents at the counter and request copies on the spot. Pay for copies at the time of your visit.

Mail requests are accepted. Send your written request to the clerk's office with the case name or number and a check or money order for the estimated copy fee. The clerk will mail the documents back. Call ahead at (239) 533-5000 to confirm the current per-page copy rate before sending payment.

Not all probate documents are public. Inventories and accountings are confidential under Florida law. The case docket, petitions, orders, and the final judgment are generally available to the public. If you're not sure what you can access, the clerk's staff can clarify which documents in a specific file are open to public review.

Types of Probate Cases in Lee County

Florida sets out three probate procedures, and which one applies to a Cape Coral estate depends on how much the estate is worth and how long ago the person died.

Formal Administration is the standard process for estates over $75,000. It's also used for smaller estates if the person died less than two years ago and the simpler process isn't available. The personal representative is appointed by the court, creditors are notified by publication, claims are paid, and then the remaining assets go to the heirs named in the will or identified by Florida's intestacy laws. The process takes a minimum of several months. An attorney is required in most formal administration cases.

Summary Administration works for estates of $75,000 or less, or for any estate regardless of value when the person has been dead for more than two years. No personal representative is appointed. The court issues an order directing distribution of assets. It's faster and less expensive than formal administration. Many straightforward summary cases get resolved in a few weeks to a few months.

Disposition Without Administration is the simplest option and applies only when there is no real property in the estate, the only assets are funds needed to pay funeral and final medical costs, and the total value is under $6,000. The clerk handles this without involving a judge at all.

Cape Coral has a large population of retirees and homeowners. Many estates are complex enough to require formal administration. But living trusts, jointly owned real estate, and accounts with named beneficiaries all pass outside of probate entirely, so the actual probate estate may be smaller than expected.

Filing Fees for Cape Coral Probate Cases

Florida sets base filing fees for probate at the state level, with local court costs added on top. For formal administration, the initial filing fee is generally around $400. Estates over certain value thresholds pay additional fees on a sliding scale set by Florida Statutes.

Summary administration fees are lower. Expect to pay in the $200 to $300 range for a summary case, though the exact amount depends on the estate details and any local court costs in Lee County. Disposition without administration costs less still, often under $100.

Copy fees are $1.00 per page for plain copies and $2.00 per page plus a $2.00 certification fee for certified copies. If you need certified copies for financial institutions or transfer agents, you'll likely need several, so budget accordingly.

In formal administration cases, you may also need to pay for bond premiums, publication costs for the creditor notice, and attorney fees. Attorney fees in Florida probate are governed by a statutory schedule based on estate value, though clients and attorneys can agree to alternative arrangements.

Legal Resources for Cape Coral Residents

Gulfcoast Legal Services covers Lee County and provides free civil legal assistance to low-income residents. They handle a range of matters including probate and estate issues. Contact their office to find out if you qualify and to request help. Having legal aid can make a significant difference in navigating formal administration cases without paying full attorney rates.

The Florida Bar Lawyer Referral Service connects residents with licensed probate attorneys in the Fort Myers and Cape Coral area. Many local attorneys offer a free first consultation, and some handle summary administration on a flat-fee basis, which can keep costs manageable for smaller estates.

The Lee County Justice Center has a self-help center that assists people who represent themselves in court. Staff there can explain forms and procedures without giving legal advice. The Florida Bar also publishes free consumer guides on probate available on its website, covering what happens at each step and what documents you'll need.

Florida Probate Law and the Probate Process

Florida's probate rules come from the Florida Probate Code, Chapters 731 through 735 of the Florida Statutes. These chapters cover definitions, who can serve as a personal representative, how creditors are notified, how disputes are handled, and how assets are distributed at the end of the case.

One requirement applies right away after death. Any person who holds a will must file it with the county clerk within 10 days of learning of the person's death. This is true even if no probate case is ever opened. Once deposited, the will becomes a public record. This rule comes from Florida Statutes section 732.901.

In formal administration, the personal representative publishes a notice to creditors in a local newspaper for two consecutive weeks. Creditors have 90 days from the first publication date to file claims. After that window closes, the personal representative pays valid claims and distributes the rest of the estate. The circuit court reviews and approves the final accounting before the case closes.

For Cape Coral residents who own real estate in the canal-front neighborhoods the city is known for, making sure property is titled correctly before death can save heirs a significant amount of time and money. Joint tenancy with right of survivorship, adding a beneficiary designation where allowed, or placing the home in a living trust can all keep real estate out of probate.

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