Collier County Probate Checklist: Filing, Notices, and Closing

A Collier County probate checklist starts with three decisions and a small stack of documents: figure out which type of administration the estate qualifies for, decide whether Florida’s attorney rule requires you to hire counsel, and gather the original will, a certified death certificate, and the clerk’s petition forms before you file with the Collier County Clerk of the Circuit Court in Naples. Filing fees run from $231 to $400 depending on the track.¹

Step 1: Identify the Right Type of Administration

Florida offers three probate tracks, and filing under the wrong one wastes the fee and delays the case.

Disposition of personal property without administration is the smallest option. It reimburses out-of-pocket final expenses rather than distributing assets, and only fits estates with no real property. Funeral costs up to $6,000 and medical or hospital bills from the last 60 days of the decedent’s life qualify. A surviving spouse or children can also claim exempt property, including up to two vehicles and household furnishings valued up to $20,000.² The Collier County Clerk provides a dedicated form.³

Summary administration is available if either the decedent has been dead more than two years, or the probate estate (excluding homestead and exempt property) is worth less than $75,000.⁴ No personal representative is appointed; the court simply orders assets distributed to the beneficiaries. If the death was within the past two years, the petition must address creditor claims and formally notify known creditors. The Collier County fee is $235 for assets under $1,000 and $345 above that.¹

Formal administration is the full process, used when the estate exceeds the $75,000 threshold, real estate needs to be sold, creditor issues are complex, or someone is likely to contest. A personal representative is appointed, creditors are noticed, an inventory is filed, and a final accounting is submitted before discharge. The Collier County filing fee is $400.¹

Step 2: Confirm Whether You Need a Florida Attorney

Florida Probate Rule 5.030 requires every personal representative to be represented by a Florida-admitted attorney. Only two exceptions exist: the personal representative is the sole interested person in the estate, or the personal representative is themselves a Florida-licensed attorney.⁵ “Sole interested person” is narrow. It means no other beneficiaries, no creditors, no other claimants. A surviving spouse who is the only named beneficiary of a small testate estate might qualify. Almost everyone else needs counsel from day one, and the court will halt a pro se formal administration until an attorney appears.

Step 3: Gather the Documents Before You File

Intake stalls when even one of these is missing.

The original will. Whoever holds the will must deposit the original with the clerk within 10 days of learning of the death. The clerk preserves the physical document for at least 20 years, and no electronic copy substitutes.⁶ If the decedent died intestate, note that in the petition and skip this item.

A certified death certificate. The court needs at least one certified copy to confirm jurisdiction. Florida treats cause-of-death information as confidential, and you can request the version that omits it, which is standard practice since probate filings become public record.⁷

The Collier County petition forms. The clerk publishes downloadable forms for summary administration (testate and intestate), formal administration, disposition without administration, and related filings.³ The proposed personal representative must also execute an oath to faithfully administer the estate under Florida Probate Rule 5.320.⁸

Step 4: Complete the Petition for Administration

Florida Probate Rule 5.200 sets what must appear in the petition, and the petitioner must verify it under oath.⁹ Key contents:

The decedent’s full legal name, last known address, date and place of death, and the last four digits of the Social Security number.
The state and county of domicile, establishing that Collier County is the proper venue.
Names and addresses of the surviving spouse, will beneficiaries, and heirs who would inherit under intestacy, with dates of birth for any minors.
Whether the decedent died testate or intestate, plus the date of the will and any codicils.
The name of the proposed personal representative and their relationship to the decedent.
The approximate value and nature of the estate’s assets, which drives the administration type and bond amount.

Accuracy matters here. Wrong beneficiary addresses lead to failed service and delays. If you cannot locate an heir, document your search rather than leaving them off.

Step 5: Confirm the Personal Representative Is Eligible

Any adult Florida resident with legal capacity can serve.¹⁰ A nonresident can only serve if related to the decedent by blood or marriage: a spouse, sibling, parent, child (including adopted), uncle, aunt, nephew, niece, or a descendant of any of those.¹¹ A friend named in the will who lives out of state cannot serve, and this catches many families off guard.

Unless the will waives it or the court grants a waiver, the personal representative must post a bond to protect beneficiaries and creditors against mismanagement.¹² Banks and trust companies are exempt. The court sets the amount, and the clerk approves the bond without a service fee.

Step 6: File with the Collier County Clerk

Attorneys file through the Florida Courts E-Filing Portal, which handles document uploads and fee payments statewide.¹³ Self-represented filers who fit an attorney-rule exception can also file in person at the Collier County Clerk, 3315 Tamiami Trail East, Suite 102, Naples, FL 34112.¹⁴

One wrinkle overrides the portal: the original will must be physically delivered to the clerk. An electronic upload does not satisfy the statutory preservation requirement.⁶

Filing fees at the Collier County Clerk:

Opening any estate (one document or more): $231
Summary administration, assets under $1,000: $235
Summary administration, assets over $1,000: $345
Formal administration: $400

Pay by credit card in the portal, or by check or cash at the clerk’s window.¹ Keep the receipt with your case number.

Step 7: Wait for Letters of Administration

A judge reviews the filing, examines the will’s validity, confirms the proposed personal representative qualifies, and sets the bond amount. Once approved, the judge signs an order and the clerk issues Letters of Administration.¹⁵ There is no fixed timeline; clean cases move faster, incomplete or contested ones stretch out.

Letters of Administration are the personal representative’s proof of authority. Banks, title companies, and government agencies each want a certified copy before releasing accounts or transferring property. Order several from the clerk at issuance, since most institutions require an original rather than a photocopy.

Step 8: Send the Required Notices

Two separate notice obligations begin as soon as letters issue. Missing either creates personal liability for the representative.

Notice to Creditors

Unless creditor claims are already barred, the personal representative must promptly publish a notice to creditors once a week for two consecutive weeks in a newspaper published in Collier County.¹⁶ The notice includes the decedent’s name, the estate file number, the court’s address, and the personal representative and attorney names and addresses. Creditors who are not directly notified have three months from the first publication to file claims. Known or reasonably ascertainable creditors must be served directly and have 30 days from that service.¹⁷ If the decedent was 55 or older, the notice and a death certificate must also go to the Agency for Health Care Administration within three months of first publication for any Medicaid claim.

Notice of Administration

Separately, the personal representative must serve a Notice of Administration on the surviving spouse, all beneficiaries, and anyone entitled to exempt property. If a trust exists where every trustee is also a personal representative of the estate, the qualified beneficiaries of that trust must be served as well.¹⁸

This notice triggers deadlines for the recipients. Objections to the will’s validity, the court’s jurisdiction, or venue must be filed within three months of service. Anyone entitled to exempt property who fails to petition within four months waives that right. All objections are barred by the earlier of the discharge order or one year after service.¹⁸

Step 9: File the Inventory and Handle Homestead

The personal representative files a verified inventory of all probate estate property, listing each asset with its estimated fair market value as of the date of death.¹⁹ Real estate, bank and investment accounts, vehicles, jewelry, and collectibles all belong on it. Assets that pass outside probate — life insurance with a named beneficiary, joint property with right of survivorship — do not. Paying for professional appraisals of real estate and valuable personal property is usually worth it, because the inventory value drives statutory attorney and personal representative fees.

If the decedent owned a primary residence in Collier County, the personal representative or a beneficiary typically files a Petition to Determine Homestead Status. Homestead passes outside the normal probate estate. If a surviving spouse or minor children exist, the homestead cannot be devised away from them regardless of what the will says. The court will not issue a homestead determination order until the creditor claim period has closed. The petition must include the full legal description, not just a street address.

Exempt property is a separate entitlement. A surviving spouse, or the children if there is no surviving spouse, can claim household furniture and appliances up to $20,000 in net value, up to two motor vehicles under 15,000 pounds each, and prepaid college tuition programs.² Exempt property is shielded from creditors except for perfected security interests such as a car loan. The right must be exercised within four months of service of the Notice of Administration, or it is permanently waived.

Step 10: Pay Claims in Priority Order

When the estate has enough money to pay everyone, order does not matter. When it doesn’t, Florida sets a strict hierarchy. Administration costs, attorney fees, and personal representative compensation come first. Funeral and burial expenses up to $6,000 come next, followed by claims with federal priority and Medicaid, then medical bills from the last 60 days of the final illness, family allowance, child support arrearages, business debts, and finally all other claims.²⁰ Creditors within the same class share pro rata if funds fall short. A personal representative who pays a lower-class claim before satisfying a higher one is personally liable for the difference.

What Attorney and Personal Representative Fees Will Cost

Florida sets a statutory fee schedule of “presumed reasonable” attorney compensation based on the estate’s compensable value (inventory plus income during administration, excluding homestead). At $40,000 or less the fee is $1,500; between $70,001 and $100,000 it is $3,000; between $100,001 and $1 million it is $3,000 plus 3% of the amount above $100,000. Larger estates scale further, reaching $195,000 plus 1% of the value above $10 million.²¹

These fees are presumed reasonable, not mandatory. Attorneys must provide written disclosure that fees are negotiable and need not be based on estate value. Without that disclosure, they cannot collect fees except by prior court approval or written consent from all interested persons. If a federal estate tax return is required, an additional 0.5% of the gross estate up to $10 million (0.25% above) applies. Fees are paid from the estate before beneficiary distributions.

For decedents dying in 2026, a federal estate tax return (Form 706) is required only if the gross estate, including adjusted taxable gifts and specific gift tax exemption used during life, exceeds $15 million. Most Collier County estates fall well below that.²²

Step 11: Close the Estate

The personal representative cannot distribute assets or be discharged until at least five months after letters were granted.²³ The wait ensures the creditor claim window has closed. Once valid claims are paid, taxes settled, and assets distributed, the representative files a final accounting and petitions for discharge. The discharge order releases the representative from further liability and terminates the surety bond. Beneficiaries who believe assets were mishandled can object before discharge; after the order signs, claims against the representative in their official capacity are barred. Uncomplicated Collier County estates typically close in six months to a year. Contested cases or estates with significant real property can take considerably longer.

1
Collier Clerk of the Circuit Court & Comptroller. Probate Fees
2
Florida Legislature. Florida Code 732.402 – Exempt Property
3
Collier Clerk of the Circuit Court & Comptroller. Probate Forms
4
Florida Senate. Florida Code 735.201 – Summary Administration Nature of Proceedings
5
Collier Clerk of the Circuit Court & Comptroller. Florida Probate Rule 5.030 – Attorneys
6
Florida Legislature. Florida Code 732.901 – Production of Wills
7
Florida Department of Health. Death Certificates
8
Supreme Court of Florida. In Re Amendments to Florida Probate Rules
9
Florida Courts. Florida Probate Rule 5.200 – Petition for Administration
10
Florida Legislature. Florida Code 733.302 – Who May Be Appointed Personal Representative
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Florida Legislature. Florida Code 733.304 – Nonresidents
12
Florida Legislature. Florida Code 733.402 – Bond of Fiduciary When Required Form
13
Florida Courts E-Filing Authority. Florida Courts E-Filing Authority
14
Collier County Clerk of the Circuit Court & Comptroller. General Information
15
Florida Senate. Florida Code 733.401 – Issuance of Letters
16
Florida Legislature. Florida Code 733.2121 – Notice to Creditors Publication
17
Florida Legislature. Florida Code 733.702 – Limitations on Presentation of Claims
18
Florida Legislature. Florida Code 733.212 – Notice of Administration Filing of Objections
19
Florida Legislature. Florida Code 733.604 – Inventory
20
Florida Legislature. Florida Code 733.707 – Order of Payment of Expenses and Obligations
21
Florida Legislature. Florida Code 733.6171 – Compensation of Attorney for the Personal Representative
22
Internal Revenue Service. Estate Tax
23
Florida Legislature. Florida Statutes Chapter 733 – Probate Code Administration of Estates