Search Polk County Probate Records

Polk County probate court records document estate administration, guardianship proceedings, and will filings handled by the Circuit Court in the 10th Judicial Circuit. The Polk County Clerk of Court, Stacy Butterfield, maintains these records and makes most of them available to the public through online search tools and in-person requests at the Bartow courthouse or the Lakeland branch location. This page explains how to find records, what types of cases exist, current filing fees, and where to get help if you need it.

Polk County Clerk of Court

The Clerk of Court handles all probate filings for Polk County. Stacy Butterfield serves as the elected Clerk, and her office processes wills, estate petitions, guardianship cases, and trust matters that come before the 10th Circuit's probate division. The main courthouse is in Bartow, the county seat, but residents on the north side of the county often use the Lakeland branch for convenience.

The 10th Judicial Circuit covers Polk, Hardee, and Highlands counties. Probate judges assigned to Polk County hear all estate and guardianship matters that originate here. If a decedent owned property only in Hardee or Highlands, those cases would be filed in the respective county even though they share the same circuit.

You can reach the clerk by phone at (863) 534-4000 during business hours. Staff can tell you whether a case exists, what documents are on file, and how to get certified copies. They won't give legal advice, but they can point you to the right forms and walk you through the process of submitting a records request.

How to Search Polk County Probate Records

The Polk County Clerk offers online case search through its public portal. You can look up probate cases by the decedent's name, the case number, or the personal representative's name. Most case information is available without charge, though you will pay for certified copies.

Visit the clerk's website at www.polkclerk.net to access the online search tool. The portal shows case status, filed documents, and hearing dates. Not every document is viewable online. Inventories and accountings are confidential under Florida law, so those won't appear even if the rest of the case is public. For those documents, you'd need to visit the courthouse in person and make a formal request.

In-person searches are available at both the Bartow main office and the Lakeland branch. Bring the name of the decedent and any case number you already have. Staff can pull records from the file room, and you can review them at a public terminal or request copies. Copy fees apply. Mail requests are also accepted, though they take longer. Send a written request with the case name, number, and a check for the estimated copy fees.

The 10th Circuit's website provides additional resources for understanding court procedures in Polk County. You can find local administrative orders and forms at www.jud10.flcourts.org.

Lead-in to the 10th Circuit court portal for Polk County probate case research: 10th Judicial Circuit of Florida.

The 10th Circuit site lists local administrative orders, judge assignments, and self-help resources that apply to Polk County probate cases.

Florida Courts also maintains a statewide clerk directory where you can confirm contact information and links for the Polk County Clerk of Court: Florida Courts Find a Clerk.

The statewide directory is a quick way to verify current addresses and phone numbers for the Polk County Clerk before making an in-person visit or mailing a request.

Types of Probate Cases in Polk County

Florida law sets out several types of probate proceedings, and the one that applies depends on the size of the estate, how long the decedent has been dead, and what property is involved. Polk County sees all of these case types regularly.

Formal Administration is for estates worth more than $75,000 or any estate that needs a personal representative appointed, regardless of size. This is the standard probate process. It requires opening a case, notifying creditors, filing an inventory, paying debts, and distributing assets to beneficiaries. The process typically takes six months to a year, sometimes longer if there are disputes.

Summary Administration is available when the estate is worth $75,000 or less, or when the decedent has been dead for two or more years. There's no personal representative appointed. Instead, the court issues an order of summary administration directing how assets are distributed. It's faster and cheaper than formal administration. Many families use it for smaller estates left by elderly relatives.

Disposition Without Administration applies in narrow cases where the only assets are personal property needed to pay funeral or medical bills, and the total is under $6,000. No formal case is opened. The court simply issues a letter authorizing transfer of the specific funds.

Ancillary Administration is used when a person who lived outside Florida died owning property inside the state, including Polk County. A separate Florida probate case must be opened to transfer that Florida property, even if a full probate case is already open in the decedent's home state.

Guardianship cases are also handled by the probate division. These involve the appointment of a guardian to manage the affairs of a person who cannot manage them on their own due to incapacity. Guardianship records are generally public, though certain sensitive portions may be sealed by the court.

Probate Filing Fees in Polk County

Florida sets a base schedule for probate filing fees, and Polk County follows it. The initial filing fee for formal administration is $400 for most estates. Summary administration carries a lower filing fee. Additional fees apply for certified copies, recording, and other services.

Attorney fees in probate cases are also governed by Florida statute. The law sets a percentage-based schedule tied to the value of the estate, though attorneys and clients can agree to different arrangements in writing. The court must approve all attorney fees in formal administration cases.

Personal representative fees follow a similar schedule. The representative is entitled to reasonable compensation, which the statute defines as a percentage of the estate value. Again, the court reviews and approves these fees before they are paid from estate assets.

Contact the Polk County Clerk at (863) 534-4000 to confirm current fees before filing. Fees can change, and the clerk's office can give you the current schedule and tell you exactly what will be due at the time of filing.

The Probate Process in Polk County

If you need to open a probate case in Polk County, here is a general overview of how it works. This is not legal advice. An attorney can guide you through the specifics based on your situation.

First, the will must be deposited with the Polk County Clerk within 10 days of learning of the decedent's death. This is required under Florida Statutes section 732.901, even if no formal probate is planned. The clerk will hold the will in safekeeping. Failure to deposit a known will can result in personal liability.

Next, a petition is filed to open the estate. The type of petition depends on which probate process applies. For formal administration, the petition asks the court to admit the will (if there is one), appoint a personal representative, and issue Letters of Administration. Those letters give the representative legal authority to act on behalf of the estate.

Once Letters of Administration are issued, the personal representative must notify creditors by publishing a notice in a local newspaper and by mailing direct notice to known creditors. Creditors have three months from the date of first publication (or 30 days from mailing, whichever is later) to file claims against the estate.

After the creditor period closes, the personal representative files an inventory of estate assets and pays valid debts. Then the remaining assets are distributed to beneficiaries according to the will or, if there is no will, according to Florida's intestacy laws. A final accounting is filed with the court and, once approved, the case is closed.

The full Florida Probate Code spans Chapters 731 through 735 of the Florida Statutes. These chapters cover everything from definitions to the rights of creditors to the rules for trusts in probate proceedings.

Legal Help in Polk County

Probate can be done without an attorney in straightforward cases, but many families find legal help worth the cost. Polk County has a number of resources.

The Polk County Bar Association maintains a referral service that can connect you with a local probate attorney. You can also ask the clerk's office for a list of attorneys who practice in the probate division. The Florida Bar's Lawyer Referral Service is another option if you want to start with a consultation.

Bay Area Legal Services and Coast to Coast Legal Aid offer free or low-cost legal help to income-qualifying residents in Polk County. These organizations can assist with basic probate questions, especially for surviving spouses or elderly clients dealing with a modest estate. Reach Bay Area Legal Services at (863) 688-7376.

The Florida Courts Self-Help Center also provides plain-language guides and forms for summary administration and other simpler proceedings. These are not a substitute for legal advice but they can help you understand what forms you need and what to expect at each step.

Cities in Polk County

Lakeland is the only city in Polk County that meets the population threshold for a dedicated city page. Other cities in the county, such as Winter Haven, Haines City, and Bartow, are served by the same Polk County Clerk of Court but do not have separate city pages.

Nearby Counties