Search Monroe County Probate Court Records

Monroe County probate court records are filed with the Clerk of Courts in Key West and cover formal estate administrations, summary administration petitions, will deposits, guardianship cases, and related matters for residents of the Florida Keys and other areas within Monroe County. The 16th Judicial Circuit serves Monroe County exclusively, meaning all circuit probate resources are dedicated to this one county. This page covers how to search records, contact the clerk's office, understand which probate type fits your situation, and find legal help in the Florida Keys.

Monroe County Clerk of Courts - Probate Division

The Monroe County Clerk of Courts in Key West handles all probate filings for the county. The main courthouse is located on Whitehead Street in Key West. Because Monroe County is spread across a chain of islands, getting to the courthouse can take time for residents who live in the upper Keys. Call ahead or use the online case search system before making the trip.

Most probate documents are public records. However, inventories and accountings filed in estates are confidential under Florida law. Florida law also prohibits the Clerk from placing an image or copy of a court file on a publicly available Internet Web site, so some documents require an in-person visit or a formal copy request even if the case information appears online.

The Monroe County Clerk's website provides links to the online case search tool, fee schedules, and general filing information. It is a useful first stop when you need to locate a probate case or verify that a will has been filed in Monroe County.

The site lists contact details for different courthouse locations across the Keys, which matters if you are in Marathon or Key Largo and need to speak with a clerk's office representative in person.

16th Judicial Circuit

The 16th Judicial Circuit covers Monroe County only. All circuit-level civil, criminal, family, and probate matters for Monroe County are handled within this single-county circuit. The circuit court website at jud16.flcourts.org has judge information, hearing schedules, and administrative orders that affect how probate cases are handled locally.

Because the 16th Circuit is small by Florida standards, probate cases can sometimes move more quickly than in larger multi-county circuits. The circuit has fewer active judges, which means scheduling a hearing may depend on the judge's calendar and the complexity of your case. Contact the clerk or your attorney to get a realistic timeline for your specific matter.

Florida Courts statewide provides uniform rules and approved forms for probate. The 16th Circuit follows those rules. Local administrative orders may add requirements for how documents are formatted or how hearings are scheduled, so check the circuit website for any current local orders affecting probate.

How to Search Monroe County Probate Records

The Monroe County Clerk of Courts offers an online case search tool accessible from the clerk's website. You can search by the decedent's name, the personal representative's name, or a case number if you have one. Public case information includes filing dates, party names, and docket entries. Document images may be limited due to Florida's restriction on posting court file images on public websites.

For certified copies or documents not available online, visit the clerk's office at 500 Whitehead Street in Key West during business hours. Bring as much identifying information as possible, including the decedent's full name, approximate date of death, and the county of residence at time of death. This helps the staff locate the correct file quickly.

If you are unsure which county handled an estate, the Florida Association of Court Clerks and Comptrollers operates a statewide Find-a-Clerk directory. This tool lists contact information for all 67 Florida county clerk offices.

The directory at flclerks.com/page/findaclerk is especially useful when a decedent owned property in multiple counties or may have filed in a different county than expected.

Types of Probate in Monroe County

Florida provides three main ways to handle a decedent's estate, and which process applies depends on the size of the estate and when the person died. All three are handled through the Monroe County Clerk of Courts.

Formal Administration

Formal administration is used when the estate's gross value is more than $75,000 and the decedent died less than two years ago. This is the full probate process. A personal representative is appointed by the court, creditors are notified and given time to file claims, an inventory is filed, and a final accounting is submitted before the court closes the estate. Florida law generally requires an attorney in formal administration cases. The process can take anywhere from several months to over a year depending on the complexity of the assets and any disputes among heirs.

Summary Administration

Summary administration is available when the estate's gross value is $75,000 or less, or when the decedent has been dead for two or more years. No personal representative is appointed. The interested parties file a petition, and the court issues an order of summary administration directing who receives the assets. This process is faster and less costly than formal administration. Many Monroe County estates qualify for summary administration given the two-year rule.

Disposition Without Administration

When an estate consists only of personal property worth $6,000 or less and includes no real estate, a family member can seek a disposition without administration. This is the simplest option. It is often used to access a small bank account or collect a vehicle. The clerk's office has the required form. Under Florida Statutes Chapter 733, the rules for each of these processes are set out in detail, including requirements for petitions, notice, and distribution.

Filing Fees and Costs

Monroe County follows the statewide probate filing fee schedule set by Florida law. Fees for formal administration are based on the estimated value of the estate. Summary administration petitions have a separate filing fee. Certified copies of orders and letters of administration cost additional amounts per page. Call the clerk's office at (305) 292-3963 to confirm current fees before filing, as fee schedules can change with legislative updates.

Beyond filing fees, expect costs for service of process, publication of notice to creditors when required, and attorney fees. Attorney fees in formal administration are governed by Florida Statutes Section 733.6171 and are based on the estate's gross value. These fees can add up, so it is worth comparing the cost of full administration against a summary administration petition if the estate qualifies for the shorter process.

Legal Resources for Monroe County Probate

The Florida Courts website at flcourts.gov has approved probate forms, self-help guides, and general information on estate administration. Many of these forms are free to download and are accepted by Florida courts statewide, including Monroe County.

Legal Services of the Keys provides free civil legal aid to qualifying low-income residents of Monroe County, including help with some probate and estate matters. Contact their office directly to find out if your situation qualifies for free assistance. The Florida Bar Lawyer Referral Service can also connect you with a probate attorney who handles Keys cases if you need paid legal help.

For wills specifically, Florida law requires that a will be deposited with the clerk of the county where the decedent last resided. If a person lived in the Keys and left a will, the correct place to file that will is with the Monroe County Clerk of Courts. Depositing a will does not open a probate case; it simply preserves the document in the public record.

Cities in Monroe County

Monroe County spans the Florida Keys and includes Key West, Marathon, Key Largo, Islamorada, Tavernier, and Big Pine Key, among other communities. None of these cities currently meet the population threshold for a dedicated city page on this site. All probate filings for residents of any community in Monroe County are made with the Clerk of Courts at 500 Whitehead Street in Key West.

Nearby Counties

Monroe County is bordered to the north by Miami-Dade County on the mainland and by Collier County to the northwest. Both neighboring counties have their own clerk of courts and probate divisions.