Charlotte County Probate Court Records

Charlotte County probate court records document the legal process of administering estates, appointing guardians, and transferring assets after death for residents of this southwest Florida county. The Charlotte County Clerk of Courts maintains these filings and makes many available for public search online, giving heirs, attorneys, and researchers a way to find case information without a courthouse visit.

Charlotte County Clerk of Courts

Roger D. Eaton serves as the Charlotte County Clerk of Courts. The clerk's office processes all probate filings, issues letters of administration, and maintains the official case file index. Most routine probate documents filed after the court's implementation of electronic filing are searchable through the clerk's online portal.

The clerk's office in Punta Gorda handles filings for all probate divisions in the county. Staff can direct you to the correct form or tell you which judge is assigned to a case. They do not give legal advice, so if you are unsure which type of proceeding you need to file, consult an attorney or review the self-help resources at Florida Courts Self-Help.

The Charlotte County Clerk's website gives case search access and lets you view documents filed electronically. Older paper records may need an in-person request. Call ahead if you are looking for records from before 2005, since older files are sometimes stored off-site.

The image below shows the Charlotte County Clerk's homepage, where you can begin a case search or find filing instructions.

From this portal, users can pull up docket entries, view filed documents, and confirm whether a probate case is still open or has been closed by the court.

20th Judicial Circuit Court

Charlotte County sits in the 20th Judicial Circuit, which also covers Lee, Collier, Glades, and Hendry counties. Circuit judges assigned to the probate division hear contested matters, formal administration petitions, and guardianship proceedings. Uncontested summary administrations and dispositions without administration are often handled by the clerk's office under administrative review.

The 20th Circuit's case management system tracks all active probate matters across the five-county region. You can search by name, case number, or filing date. The online docket shows hearing schedules, judge assignments, and a list of documents on file. That said, some sensitive exhibits or sealed filings are not available without a court order.

The screenshot below shows the 20th Judicial Circuit's case search portal used for Charlotte County probate matters.

This system is the primary tool for attorneys and parties in pending probate cases to monitor case status and upcoming hearing dates in Charlotte County.

Types of Probate Proceedings in Charlotte County

Florida law under Chapter 733 of the Florida Statutes sets out the framework for estate administration. Three main types of proceedings are available, and the right one depends on the size of the estate and how long the person has been deceased.

Formal Administration applies when the estate's probate assets exceed $75,000. This is the full process. It requires appointment of a personal representative, notice to creditors, an inventory of assets, and a final accounting before the court closes the case. It takes longer and costs more than other options, but it is the only path for large estates.

Summary Administration is available when the total probate estate is $75,000 or less, or when the decedent has been dead for two or more years. Under Chapter 735, this shorter process does not require appointment of a personal representative in most cases. A petition is filed, creditors are given notice, and the court issues an order of summary administration directing how assets get distributed. Many families use this route when the estate is small.

Disposition Without Administration is the simplest option. It is available only when the decedent left no real property and the only assets are exempt personal property or amounts owed to the person that do not exceed final expenses like funeral costs and medical bills up to $6,000. No formal case is opened. The clerk's office issues an authorization letter directly. This option works well for small, uncomplicated situations where the only goal is to collect a final paycheck or a small bank balance.

Chapter 731 of the Florida Statutes provides general definitions and rules that apply across all probate proceedings. Chapter 732 governs wills and intestate succession, meaning who inherits when there is no valid will. Chapter 744 covers guardianship, which is a related but separate proceeding often handled in the same probate division.

Searching Charlotte County Probate Records

Most people searching probate records in Charlotte County want to know one of a few things: whether a probate case exists for a person who died, who is named as personal representative, what assets were listed in the inventory, or whether a will was filed with the court. All of that information is part of the public record once a case is opened.

Start your search at the Charlotte County Clerk's online portal. You can search by the decedent's name or by case number if you have it. The docket will show every document filed in the case. Click on individual documents to view the filing. Some courts charge a small per-page fee for printed copies, but viewing documents on screen is usually free.

If you cannot find a case online, it may be because the estate was handled without a formal probate proceeding. Not every estate goes through the court system. Assets held in trust, payable-on-death accounts, joint tenancy property, and assets with named beneficiaries all pass outside probate. So an absence of a court record does not mean there was no estate.

The Florida Clerks of Court directory gives you contact details for every county clerk in the state, which is useful if you are searching across multiple counties.

The image below shows the Florida Clerks of Court directory page, which helps you locate the correct office for your search.

This statewide resource lists clerk websites and phone numbers for all 67 Florida counties, making it easy to verify contact information before you reach out.

Filing Probate in Charlotte County

To open a probate case in Charlotte County, you file a petition with the Clerk of Courts at the Punta Gorda courthouse. The petition must include the decedent's name, date and place of death, a list of known heirs, and information about the estate's assets. The original will, if one exists, must be filed with the clerk within ten days of the person's death under Florida law.

Filing fees vary by case type. The clerk's office can give you the current fee schedule when you call or visit. Fees are set by statute and may include a separate charge for certified copies of letters of administration, which many financial institutions require before they release funds to a personal representative.

Forms approved by the Florida Supreme Court are available through Florida Courts Self-Help. These forms cover petitions for summary administration, formal administration, and disposition without administration. Using the correct form matters. The clerk's office will reject improperly formatted filings, which delays the case.

If the estate has debts, the personal representative must notify known creditors directly and publish a notice to creditors in a local newspaper. Creditors generally have 90 days from the first publication date to file claims. Claims filed late may be barred. This creditor notice process is one reason formal administration takes several months even when there are no disputes.

Guardianship cases, which fall under Chapter 744, are often filed in the same probate division. If a Charlotte County resident becomes incapacitated and cannot manage their own affairs, a family member or other interested person can petition the court to appoint a guardian. The process involves a medical examination, an attorney for the incapacitated person, and a hearing before the judge.

Cities in Charlotte County

Charlotte County includes several communities. None currently meet the population threshold for a dedicated city page. Major communities in the county include Punta Gorda (the county seat), Port Charlotte, Englewood, Murdock, and Rotonda West. Probate filings for residents of all these communities are handled at the Charlotte County Clerk of Courts in Punta Gorda.

Nearby Counties