The Clerk of the Circuit Court is an Elected Constitutional Officer & Independent Custodian of the Court Record
Probate Court Records
Electronic Service Required: Pursuant to Supreme Court Order 21-990, beginning October 1, 2022, all non-represented parties are required to designate an email address to which service must be directed. If a party does not have an email address or does not have regular access to the internet, he/she must request an excusal from the Clerk. Visit our Forms page to access the appropriate forms.
The Probate department handles court records of estate cases, guardianships of minors and incapacitated persons, Baker Act cases involving mental health disorders and Marchman Act cases involving drug and alcohol abuse; and accepts deposit wills for filing.
Florida Probate Rule 5.030 requires an attorney for many Probate and Guardianship cases. Even those Probate matters that do not require an attorney, may be quite complicated for a pro se litigant. Unfortunately, our Self Help Center is not able to assist with Probate matters. However, there are low and no-cost legal assistance options:
Clearwater Courthouse 315 Court Street, Room 106 Clearwater, FL 33756 Phone: (727) 464-3321 North County Customer Information & Service Center 29582 U.S. 19 North Clearwater, FL 33761 Phone: (727) 464-7000 St. Petersburg Branch 545 First Avenue North St. Petersburg, FL 33701 Phone: (727) 464-7000
Clearwater Courthouse 315 Court Street, Room 106 Clearwater, FL 33756 Phone: (727) 464-3321
North County Customer Information & Service Center 29582 U.S. 19 North Clearwater, FL 33761 Phone: (727) 464-7000
St. Petersburg Branch 545 First Avenue North St. Petersburg, FL 33701 Phone: (727) 464-7000
Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries under a will, or if there is no will, according to Florida law. The Court oversees the estate to make sure debts are paid and proper distribution is made.
A will is a document executed by a person which disposes of his/her property after his/her death. It generally names a personal representative to administer the estate.
The custodian of the original Last Will and Testament of a deceased person must deposit the will with the Clerk of the Circuit Court in the county where the decedent resided, within ten (10) days after receiving information that the person is deceased.
The custodian must supply the person's date of death or the last four digits of the person’s social security number to the Clerk upon deposit of the will.
You do not need an attorney to file the will with the Clerk of the Circuit Court. However, you may want to consult with an attorney before filing the will, so that he or she may determine whether Probate proceedings will be necessary.
If there is no will, and there are assets to be probated, the estate of the deceased person must be distributed in accordance with Florida Probate law.
It may be necessary for an attorney to petition the Court on behalf of heirs or beneficiaries, or other interested parties, to appoint a personal representative to administer the estate.
There are three types of estate proceedings: Formal Administration, Summary Administration, and Disposition of Personal Property without Administration. Consulting an attorney for legal advice can help determine the appropriate proceeding type. Florida Probate Rule 5.030 requires an attorney for Personal Representatives in Formal Administration proceedings. Even Probate matters that do not require an attorney can be quite complicated for a pro se litigant (someone without an attorney). The Clerk’s Self-Help Center cannot assist with Probate matters, and the Clerk’s office staff cannot give legal advice. However, the following are low and no-cost legal assistance options:
Community Law Program - (727) 582-7480
Clearwater Bar Referral - (727) 461-4880
Gulfcoast Legal Services - (727) 443-0657 or (727) 821-0726
St. Petersburg Bar "Find an Attorney" Resources
Determining the appropriate type of estate proceeding depends on a number of factors, such as the value of the estate, the length of time the decedent has been dead, the desired result of the probate process, and the kind of access the petitioner has to the decedent’s assets (possessions or belongings). There is a filing fee for each type of estate. For the current filing fee, refer to the Fee Schedule.
Before filing, the petitioner may want to talk to the asset holder to discern what they require to transfer an asset. For example, if the decedent had a bank account or an insurance policy, the petitioner will need to talk to the bank or the insurance company and find out what they require. Depending on the asset and the relationship to the decedent, a death certificate and/or copy of the will may be adequate to transfer the asset.
A Formal Administration proceeding may be filed when the value of the entire estate subject to administration exceeds $75,000, excluding exempt assets (see Florida Statute Chapter 732), and/or when it is necessary to appoint a representative to act on behalf of the estate, such as when there is a lawsuit on behalf of the estate.
Formal administration proceedings are initiated by filing a petition requesting the appointment of a personal representative. The attorney (required per Florida Probate Rule 5.030) for the personal representative prepares and electronically files the petition and other required documents. The appointed personal representative is then responsible for the estate, gathering all of the assets, preparing an inventory, paying the decedent’s debts, and distributing the estate balance to the rightful beneficiaries in accordance with the will. If there is no will, then in accordance with Florida Law. The Court oversees the administration of the estate to ensure the decedent’s debts are paid and that correct distribution is made to the heirs and/or beneficiaries.
The appointed personal representative can be required to file a bond. Please refer to the Estate Bond Schedule for more information. Once the personal representative completes their responsibilities, they can petition to be discharged and provide proof they have fully administered the estate. The court then discharges them, and the bond is released.
A Summary Administration proceeding may be filed when the value of the entire estate subject to administration does not exceed $75,000, excluding exempt assets (see Florida Statute Chapter 732). If the decedent has been dead for over two years, the value may exceed $75,000. In a Summary Administration, a personal representative is not appointed, Letters of Administration are not issued, and a bond is not required. An attorney is not required, but it may be helpful, especially if real estate needs to be transferred. However, it is necessary to know the details of the assets, such as the account numbers and amounts in bank accounts.
A Petition for Summary Administration can be filed by any beneficiary or nominated personal representative in the decedent’s will or by an attorney representing the petitioner(s). If the petitioner chooses to proceed without an attorney, forms for filing a Summary Administration are available on our Forms page under the Estate section. When the petitioner has completed and filed all necessary paperwork, the judge will sign an Order of Summary Administration establishing how the decedent’s assets will be distributed to creditors and heirs. If an order is signed, agencies, such as the Department of Motor Vehicles and banks, will require a certified copy of the order to transfer assets. Once an order is issued, the petitioner will be mailed any certified copies they have pre-paid.
Florida Statute 735.301 allows for an informal petition to be filed with the court to transfer assets when the decedent left a small amount of personal property (no real estate can be transferred through this process). If the petitioner is a surviving spouse, or if no spouse, the surviving child of the decedent; or they paid the funeral expenses for the decedent, they may be eligible for this process. Disposition of Personal Property without Administration Packets (which include a checklist, instructions, and forms) are available from the Clerk of the Circuit Court in Probate Court Records and our Forms page under the Estate section. Review the requirements of the Disposition of Personal Property without Administration process to determine eligibility for this process. In Disposition of Personal Property Without Administration proceedings, it is necessary to know the details of the assets, such as the account numbers and amounts in bank accounts.
After all the required documents have been filed, the court will review what the petitioner provided and issue an order. If the statutory guidelines are met, the court will sign the order establishing the distribution of the assets. Once an order is issued, the petitioner will be mailed any certified copies they have pre-paid. If an order is signed, agencies, such as the Dept. of Motor Vehicles and banks, will require a certified copy of the order to transfer assets.
At this time, there is no internet access available to the public for viewing imaged documents unless you are a registered user. To become a registered user, click here.
Images of probate court documents are also available for viewing at any of the Clerk’s locations on the public view terminals. Our staff will be happy to demonstrate if you should need assistance.
You may also order, online or by mail, copies of any document not sealed by Florida Statute, Probate Rule, Administrative Order or Court Order. The copies will be mailed to you upon receipt of the service fee of $1.00 per page. Please include a self-addressed, postage paid envelope with your payment, or to pay by credit card, use our online copy request service.
Florida law gives the Court discretion to set the estate bonds and delineates in Section 733.403(1) many factors that must be considered when setting these bonds. In setting an appropriate bond, the Judge evaluates the circumstances of each case and considers the unofficial bond schedule developed many years ago by Judge Thomas E. Penick. Typically, the minimum bond set is $18,000 as that is the highest bond available for the minimum bond premium; i.e., it costs the same for a bond of $18,000 as it does for a bond of a lesser amount. The following chart is prepared as an aid for the Court in setting bonds based upon an estate's gross value and other statutory factors.
*Every wrongful death estate will have a minimum bond of $18,000. **Use multipliers of $100,000 for each $500,000 of the estate (i.e. $1,100,000 estate calls for a bond of $225,000). Typically, the value of exempt assets and homestead property is excluded from the total assets used to determine the bond. It is customary to propose a bond amount per the bond schedule and include it in the proposed Order appointing the Personal Representative.
According to Judge Campbell’s Practice Preferences, “The bond exists to ensure the performance of the Personal Representative (PR) to both beneficiaries and creditors, and only in exceptional circumstances will it be waived.” Visit the judges’ practice preferences on www.jud6.org for more information.
A Guardianship is a legal arrangement under which a person (the guardian) has the legal right and duty to care for another (the ward) and his or her property. A guardian must be represented by an attorney.
REPORT FRAUD OR WASTE FOR CASES INVOLVING GUARDIANSHIP CASES
A guardianship is established when a person is unable to legally act on his/her own behalf. This may be due to *minority, (he or she is not of age), or due to mental and/or physical *incapacity. A competent adult may also petition the court to appoint a *voluntary guardian for himself or herself. A developmentally disabled person may be eligible for a *Guardian Advocate to be appointed.
*Guardian Advocate: A developmentally disabled person may be eligible for a less restrictive type of guardianship, known as a guardian advocate. For more information about this, please click here.
A developmentally disabled person may be eligible for a *guardian advocate to be appointed.
*Minority: A guardianship must be established for the property of a minor child when an amount over $15,000 is to be paid to the minor. This may occur through an inheritance or through a settlement of a legal action. Guardianship of the person of a minor child may need to be established if both natural parents are deceased, incapacitated or unavailable. Guardianship is not the same as custody. For information on custody of a minor, please see Family Law Rules and Forms.
*Incapacity: A guardianship for an alleged incapacitated person can be initiated by filing a “Petition to Determine Capacity” and a “Petition to Appoint Guardian” with the Clerk of the Circuit Court, Probate Court Records department. (The proposed guardian must be represented by an attorney).
The alleged incapacitated person and next of kin will be served with a notice and a copy of the court order appointing an examining committee and setting a hearing. An attorney will be appointed to represent the alleged incapacitated at the hearing. Each member of the examining committee submits his/her report to the court after examining the alleged incapacitated person. At the hearing, the court will make a determination regarding the capacity of the alleged, and if necessary, appoint a guardian.
*Voluntary: A person may voluntarily petition the court for appointment of a guardian for his/her property when, though mentally competent, he or she is incapable of the care, custody, and management of his estate by reason of age or physical infirmity. A certificate of a licensed physician is required, stating that he has examined the person and that the person is competent to understand the nature of the guardianship and his delegation of authority.
A person 18 years of age or older who has an interest in the protection of the personal or property rights of the incapacitated person may qualify to serve as a court appointed guardian. A completed Application for Appointment of Guardian form must be submitted by the proposed guardian at the time a guardianship case is opened. The Court will review the application to ensure the guardian will best serve the needs of the ward.
Your application for appointment and petition to appoint a guardian or guardian advocate MUST be on file with the clerk PRIOR to getting your fingerprinting done.
The Florida Department of Law Enforcement (FDLE) no longer accepts or processes hard copy guardian applicant fingerprint cards. Fingerprints are to be submitted electronically via a live scan device.
This can be done at the Pinellas County Sheriff. For more information visit their website: ttps://www.pcsoweb.com/fingerprinting-services. For alternate locations providing this service go to: www.identogo.com/services/live-scan-fingerprinting. Select your state. Scroll down to "Enrollment Services" and click on "Digital Fingerprinting." Then click on "Schedule a New Appointment."
The applicant will need to select an Agency:
Non-Professional/Family guardian applicants should select "All Other."
The applicant will need the Originating Agency Identification Number (ORI) in order to schedule an appointment.
Pinellas ORI # for Non-Professional/Family guardian applicants: FL052104Z
The applicant should arrive at their appointment with any necessary paperwork and their photo ID. Please note: a photo ID is required before any applicant can be fingerprinted (acceptable forms of photo ID are either state or federally issued, i.e. driver’s license, state ID, passport, military ID, or alien registration card with picture).
Once the applicant has been fingerprinted, the fingerprint technician will transmit the fingerprint records electronically to the Florida Department of Law Enforcement (FDLE). The fingerprint technician also issues a signed receipt for the fingerprinting service to the applicant. The applicant needs to keep this receipt for future reference.
FDLE processes the background check for the State of Florida. Florida Department of Law Enforcement forwards the fingerprint record to the FBI for federal background check processing. When the background check(s) is completed, the results are returned to the Clerk’s office.
Non-professional Guardians must pay a one-time fee of $27.50 for the results of the above background check and a credit check to be processed by the court.
Professional guardians must also submit a clerk’s fee of $7.50 per Florida Statute 744.3135 (1) annually, due by January 31st each year.
Professional Guardians must also be registered with the Office of Public and Professional Guardians, who will perform their background check.
Pinellas County Administrative Order No. 2009-36 PA/PI-CIR requires an initial investigative fee:
All non-professional guardians: $27.50
A guardian of the property is required to file an Initial Inventory of the ward’s assets within 60 days of his appointment. Subsequently, an annual accounting of the assets will be required.
A guardian of the person is required to file an Initial Plan for the care of the ward within 60 days of his appointment. Subsequently, an annual plan is required to provide information to the court about the health and physical well being of the ward.
Pinellas County Administrative Order No. 2009-36 PA/PI-CIR mandates the use of specific forms for the filing of these required reports. The forms and a copy of the Administrative Order are available at http://www.jud6.org.
The law assigns the responsibility for auditing the reports to The Clerk of the Circuit Court. The Court then reviews the Clerk’s audit.
Audit fees are set by Florida Statute and based on the value of the ward’s estate. Refer to the Schedule of Service Charges for current audit fees.
More details are available on the Court’s website: www.jud6.org.
Please refer to the Schedule of Service Charges for current fees.
You may file guardianship paperwork at the following:
Clearwater Courthouse 315 Court Street, Room 106 Clearwater, FL 33756 Telephone: (727) 464-3321 North County Customer Information & Service Center 29582 U.S. 19 North Clearwater, FL 33761 Telephone: (727) 464-7000 St. Petersburg Branch 545 First Avenue North St. Petersburg, FL 33701 Telephone: (727) 464-7000
Clearwater Courthouse 315 Court Street, Room 106 Clearwater, FL 33756 Telephone: (727) 464-3321
North County Customer Information & Service Center 29582 U.S. 19 North Clearwater, FL 33761 Telephone: (727) 464-7000
St. Petersburg Branch 545 First Avenue North St. Petersburg, FL 33701 Telephone: (727) 464-7000
After Hours Procedures for Baker Act and Marchman Act Petitions
Effective immediately, the following after hours procedures for filing petitions for involuntary examination or involuntary placement under the Baker Act (Chapter 394, Florida Statutes) and for involuntary assessment and stabilization or involuntary treatment under the Marchman Act, (Chapter 397, Florida Statutes) are implemented:
A Baker Act is a means of providing individuals with emergency services and temporary detention for mental health evaluation and treatment when required. An Ex Parte Petition for Involuntary Examination is also called Ex Parte Baker Act.
An ExParte Petition for Involuntary Examination may be filed if there is reason to believe that a person is mentally ill and because of his or her mental illness:
The person’s whereabouts must be known and in Pinellas County and the person cannot be in jail.
The petition can be filed by:
You must provide the court with sworn written testimony that meets the criteria set forth by Florida law. By completing the petition, you are requesting the court for an order for the person to be involuntarily transported and examined at a designated mental health facility.
There is no filing fee required to file a Petition for Involuntary Examination.
You may download and print the Petition for Involuntary Examination and file it at the listed Clerk's office locations, Monday through Friday from 8:30 a.m. to 4:30 p.m. Please note printed forms are also available at these locations. If another person also witnessed the behavior, and would like to submit their testimony, they may complete the Affidavit in Support of the Petition to be filed with the petition.
What happens after the petition is filed:
The court will review the petition. If the criteria required for involuntary examination has been met, a court order is issued, authorizing the Sheriff to pick up the person at the address provided in the petition. The Sheriff will transport the person to the nearest designated mental health facility. The facility must examine the person within 72 hours to determine the necessity of placement. If the examination by a psychiatrist determines that the person will need to be involuntarily placed for treatment, the facility will petition the court for a hearing within the 72 hours.
A Marchman Act is a means of providing individuals with services at a facility for substance abuse when required.
The below Marchman Act petitions may be filed in Probate Court Records:
A Petition for Involuntary Assessment and Stabilization may be filed when there is reason to believe that a person is substance abuse impaired and:
The petition may only be filed by:
In the case of a minor, only the parents, legal guardian/custodian or licensed service provider can file a petition.
When and where to file a Petition for Involuntary Assessment and Stabilization:
You may download and print the Petition for Involuntary Assessment and Stabilization and file it at the listed Clerk's office locations, Monday - Friday from 8:30 a.m. to 4:00 p.m. Please note printed forms are also available at these locations.
Probate Court Records - Locations
To find the list of Florida Licensed Substance Abuse providers by city, visit the Substance Abuse page of the Florida Department of Children and Families website. From the "Essential Links" section on the left hand side, click on "For SAMH Providers," then click on "this listing" under the paragraph entitled “Substance Abuse Providers Currently Licensed by the Department.”
If the Court finds that the criteria have been met, an Order for Involuntary Assessment and Stabilization will be issued by the Court. The Court may set the case for a hearing, or the Sheriff may ordered to transport the person to the designated facility. The facility then has 5 days to do an assessment. After the assessment has been completed at the facility, the petitioner may file a Petition for Involuntary Services of Substance Abuse for the patient and file it at the listed Clerk's office locations, Monday through Friday from 8:30 a.m. to 4:00 p.m. Please note printed forms are also available at these locations.
A hearing date is set for the determination of the need for treatment. The assessment results are subpoenaed as evidence for the hearing, and a summons to appear at the hearing is issued and served on the patient.
At the hearing the court will hear all the evidence and determine if the Order for Involuntary Services for Substance Abuse is warranted.
If the petitioner wants to drop their Marchman Act case, the petitioner may file a Withdrawal of Petition for Hearing on Involuntary Substance Abuse Assessment and Stabilization.
