The Probate & Guardianship Department maintains the files on probate estates, wills, and guardianships for both minors and incapacitated persons. See Fees & Costs for the current filing fee and accepted payments.
A probate action is necessary whenever a deceased person leaves titled assets in his/her name alone. A petition for probate may be filed that allows distribution of the decedent's assets. The court oversees the estate to make sure debts are paid and proper distribution is made.
A Disposition of Personal Property Without Administration is a proceeding used to request release of the assets of the deceased to the heirs or other qualified parties. The estate must consist of personal property exempt from claim of creditors and nonexempt personal property that does not exceed the sum of preferred funeral expenses ($6,000) and reasonable medical and hospital expenses of the last 60 days of the last illness. There cannot be any real estate in the property. When filing, you must provide:
Guardianships are legal proceedings in which a guardian is appointed to exercise legal rights of an incapacitated person, minor, voluntary wards, or developmentally disabled individuals. A guardian makes decisions and takes action regarding the wellbeing of the ward. All guardianship matters in Florida require an attorney pursuant to Florida Probate Rule 5.030.
An individual, through an attorney, may file for a guardian to be appointed for:
An individual can be appointed as guardian of the person only, the property only, or both the person and property. The guardian may also be given limited rights or total rights.
Guardianships are filed for minors when the minor child has inherited or received money or property in excess of $15,000. In this type of case, a guardian of the property is all that is needed if the minor child's parents are living. If a minor child's parents are deceased, a guardianship of the person may also be required.
201 South Indian River Drive, 5th Floor
Fort Pierce, FL 34950
Directions To This Location
Clerk of the Circuit Court
Attn: Probate & Guardianship Dept.
P. O. Box 700
Fort Pierce, FL 34954
8AM -5PM, Monday - Friday
Phone: (772) 462-6920
Fax: (772) 462-6984