Lee County Probate Court
Lee County lies in beautiful southwest Florida along the Gulf Coast. The population exceeds 760,000 and is expected to grow. As a result, courts remain very busy. In particular, the Lee County Probate Division of the 20th Division Judicial Circuit Court must handle numerous cases. This article discusses various aspects of the Lee County Probate Court including formal administration and other matters involved in Florida probate law.
This division has jurisdiction over probate, guardianship, and certain mental health matters. Simple probate matters may be handled by the Clerk of Court; more complicated issues must be addressed by the Circuit Court. To sum up, Lee County Probate Court ensures proper asset distribution and estate administration and protects vulnerable people.
Lee County Probate Court Location
Probate matters require an experienced probate attorney’s guidance. The addresses listed below are for your convenience. However, your attorney will assist you with any paperwork necessary regarding all probate matters and all court proceedings. It’s important to note, if your case is going to be heard by a circuit court judge, you must have an attorney present.
- Clerk of Court/Filings – Lee County Justice Center, 2075 Dr. Martin Luther King Jr. Boulevard, 2nd Floor, Fort Meyers, FL 33901
- Justice Center Proper – 1700 Monroe Street, Fort Meyers, FL 33901
- Mailing Address for Probate/Guardianship – Clerk of Court, PO Box 9346, Fort Meyers, FL 33902
Lee County Circuit Court Judges
Florida Circuit Court Judges are elected in nonpartisan elections. They serve a six-year term. If a Circuit Court Judge retires or for some reason is unable to complete the entire term, the Governor may appoint a replacement. The appointee completes the term and must run for reelection when the term expires. Some current Florida 20th Division Circuit Court Judges serving in Probate Court include:
- Hon. J. Frank Porter – Chief Circuit Judge of the 20th Judicial Circuit
- Hon. Alane Laboda – handles general civil, guardianship, and probate cases in Lee County
- Hon. James Shenko – oversees probate matters and civil cases
- Hon. Keith R. Kyle – handles general civil cases, guardianship, and probate
Purpose of Probate Court
The primary function of Probate Court is to settle a deceased person’s estate. Florida Law requires court supervision when a person passes away with unresolved debts, assets that need to be transferred, or a disputed will. Lee County Probate Court handles three main types of probate:
- Formal Administration – Estates with significant assets use this type of estate administration. An experienced attorney must guide you through this complicated process to ensure all assets are accounted for and divided among heirs legally. Before dividing assets, an inventory must be made, all creditors notified and paid, taxes filed and paid, and beneficiaries notified. An experienced attorney licensed in Florida remains vital to successfully navigate this process. In particular, if there is anything wrong with a will, a skilled attorney will successfully litigate your case.
- Summary Administration- If an estate does not exceed $75,000 or if the decedent passed away over two years ago, summary administration may be used. Once again, seek an attorney’s advice if you have any legal questions.
- Disposition of Personal Property without Administration- Florida Statute 732.402 allows this for cases with very limited assets. Once again, you may want to check with an attorney regarding this matter.
In addition to estate matters, Lee County Probate Court manages guardianships, conservatorships, and mental health proceedings. So, Lee County Probate Court assists families during very vulnerable times.
These emotional times include losing a loved one, caring for a disabled relative, and helping a mentally ill or drug addicted family member. Florida Law provides protection for families to safeguard loved ones’ rights and safety. So, if you need assistance with estate administration, guardianship, conservatorship, or mental health issues contact an experienced family law/estate planning attorney.