Punta Gorda probate attorney, Charlotte County.

Clerk and filing

E-filing and records search

• Charlotte County began probate e-filing as a pilot in October 2011; the pilot ended December 31, 2011 and probate e-filing opened to all attorneys. charlotteclerk.com
• Proposed orders for Judge McFee and Judge Lisa Porter are submitted only through the Florida Courts E-Filing Portal, in Word format, after the supporting documents are viewable on the clerk's site. ca.cjis20.org
• The clerk's case search (Benchmark) includes Probate and Guardianship among its court types. courts.charlotteclerk.com

Probate filing fees posted by the clerk

Source: Charlotte County Clerk of the Circuit Court and County Comptroller fee schedule, checked October 16, 2026. Charlotte posts most fees with a § 28.2401 cap $1 above the cap, counting the $4 petition charge where § 28.2401(3) applies: opening $231 against $230, caveat $41 against $40, summary $345 and $235 against $340 and $230 plus $4, formal $400 against $395 plus $4. Two rows are $5 above their caps: disposition without administration, posted at $235 against a $230 cap under § 28.2401(1)(d), and Veterans Administration guardianship, posted at $235 against a $230 cap under § 28.2401(1)(i). Section 28.2401(3) does not list a disposition among the petitions that carry the $4 charge, and the fee schedule states no basis for either difference. The $7 exemplified certificate matches its cap.

Judges and divisions

20th Judicial Circuit. Serves Charlotte, Collier, Glades, Hendry and Lee counties; the circuit's probate information page has a section for each.

Courthouses that hear probate

• Charlotte County Justice Center, 350 E. Marion Ave., Punta Gorda, FL 33950; (941) 637-2281; Monday to Friday, 8:00 a.m. to 5:00 p.m. ca.cjis20.org probate assignment

• The Twentieth Circuit's probate information page has a Charlotte County section stating that the Probate Office handles wills, estates, guardianships and mental health cases. ca.cjis20.org

Administrative orders

Orders of the 20th Judicial Circuit that apply to probate and guardianship cases in Charlotte County. Circuit order index.

• AO 5.3, Approval of Commercial Delivery Services Pursuant to Fla. Prob. R. 5.040. Date: December 18, 2003. Approves Federal Express, United Parcel Service, Airborne Express and DHL Worldwide Express as commercial delivery services requiring a signed receipt for formal notice in Twentieth Circuit proceedings.
• AO 5.1, Guardianship Financial Returns. Date: February 14, 1995. Sets annual guardianship plans and accountings on a fiscal-year basis unless the court orders calendar-year filing.
• AO 5.2, Appointment of Public Defender to Represent Respondents in Baker Act Proceedings. Date: Listed June 19, 2000 on the circuit index. Appoints the Public Defender to represent each person who is the subject of a Baker Act petition.

Local requirements and forms

Wills and filing

• The original will goes to the clerk within 10 days after the holder learns of the death; the clerk states an attorney is not needed to file a will for safekeeping. charlotteclerk.com
• The custodian of a will must deposit it with the clerk within 10 days after learning of the death, and the clerk keeps the original for at least 20 years (§ 732.901). flsenate.gov
• The clerk states that Florida Probate Rules require a Florida licensed attorney to represent the personal representative in almost all instances. charlotteclerk.com

Hearings

• A hearing is set through the judge's judicial assistant. Motions or petitions must be filed with the clerk before hearing time is requested, and a notice of hearing is then filed in the court file. ca.cjis20.org
• When a notice of hearing is filed, a copy goes to the court's judicial assistant at once; the circuit's probate page says the hearing is not placed on the docket otherwise. ca.cjis20.org
• Judge McFee's instructions allow probate motions to be set before the magistrate with an Order of Referral. ca.cjis20.org
• Judge Lisa Porter refers all probate matters to the magistrate for hearing; hearing time comes from the magistrate's office at 941-637-2213. ca.cjis20.org

Proposed orders

• All proposed orders for Judge McFee and Judge Lisa Porter go through the Florida Courts E-Filing Portal, in Microsoft Word format, with the date, judge's name and signature line, and certificate of service removed. ca.cjis20.org
• Supporting documents are filed with the clerk first. The proposed order is not e-filed until those documents are viewable on the clerk's site, which usually takes 2 to 3 business days. ca.cjis20.org
• Judge Lisa Porter does not require cover letters with proposed orders. ca.cjis20.org

Checklists

• Judge McFee requires completed probate checklists with most proposed orders; an order is not considered if the documents and checklist are not on file with the clerk. ca.cjis20.org
• Judge Lisa Porter requires a probate checklist for every dispositive order. ca.cjis20.org

Notice

• Formal notice by commercial delivery under Probate Rule 5.040 may use Federal Express or United Parcel Service (among the services AO 5.3 approves) when a signed receipt is required. ca.cjis20.org

Forms and checklists

• Judge McFee probate scheduling instructions, Twentieth Judicial Circuit
• Judge Lisa Porter practices and procedures, Twentieth Judicial Circuit
• Charlotte County electronic submission of proposed orders, Twentieth Judicial Circuit
• Probate checklists and petition forms (on Judge Lisa Porter's downloads list), Twentieth Judicial Circuit
• Circuit Probate Information page with the Charlotte, Lee and Collier checklists, Twentieth Judicial Circuit
• Clerk Court Search for probate and guardianship cases, Charlotte County Clerk

Property and homestead

• A homestead exemption needs a timely filing by March 1, title to the property, and permanent residence in the dwelling as of January 1. The appraiser takes applications online. ccappraiser.com
• When ownership of a homestead property changes in any way that affects the homestead, the assessed value returns to market value in the year after the change. ccappraiser.com
• The widow's or widower's exemption is $5,000, and the application includes a photocopy of the spouse's death certificate. ccappraiser.com
• The three property appraiser offices are open Monday to Friday, 8:00 a.m. to 5:00 p.m. ccappraiser.com
• The appraiser's records and exemptions line is 941-743-1593. ccappraiser.com

Death certificates

• Death certificates are ordered through VitalChek, the only vendor the Department of Health authorizes online, or in person or by mail at the Port Charlotte office. charlotte.floridahealth.gov
• In-person and mail orders cover deaths in Florida from 2009 to the present. A copy of valid identification accompanies every request, and cause of death is released to a family member or legal representative. charlotte.floridahealth.gov

Records and help

• The clerk's probate page prints $75,000 as the summary administration limit and as the formal administration threshold; § 735.201(2) reads $150,000 as amended by chapter 2026-57. charlotteclerk.com
• Section 735.201(2) in the 2026 Florida Statutes reads $150,000, as amended by chapter 2026-57. flsenate.gov
• Chapter 2026-57, Laws of Florida, took effect July 1, 2026. laws.flrules.org
• The clerk states that guardianships for minors are filed when the minor has inherited money or has property in excess of $15,000. charlotteclerk.com
• A trustee files a Notice of Trust with the court on the death of the settlor; the clerk files it in an existing probate case when there is one. charlotteclerk.com
• The clerk's directory lists Probate, Guardianship and Mental Health at (941) 637-2210 and the Justice Center switchboard at (941) 637-2199. charlotteclerk.com
• The Florida Bar Lawyer Referral Service takes calls at 800-342-8011, Monday to Friday, 8:00 a.m. to 5:30 p.m. floridabar.org

Sources

Last checked: October 16, 2026. Each source shows the text that supports the facts above.

1. Florida Statutes § 28.2401, probate service charges and filing fees (2026), checked October 16, 2026
   Supporting text

   • Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings .......... $395
   • Fee for summary administration - estates valued at $1,000 or more .......... $340
   • Fee for summary administration - estates valued at less than $1,000 .......... $230
   • Charge for caveat .......... $40
   • Fee for disposition of personal property without administration .......... $230
   • Fee for guardianship proceedings of person only .......... $230
   • Charge for exemplified certificates .......... $7
   • An additional service charge of $4 on petitions seeking summary administration, formal administration, ancillary administration, guardianship, curatorship, and conservatorship shall be paid to the clerk.
   • Recording shall be required for all petitions opening and closing an estate; petitions regarding real estate; and orders, letters, bonds, oaths, wills, proofs of wills, returns, and such other papers as the judge shall deem advisable to record or that shall be required to be recorded under the Florida Probate Code.
2. Florida Statutes § 28.241, filing fees for trial and appellate proceedings (2026), checked October 16, 2026
   Supporting text

   • Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have elapsed since the filing of a final order or final judgment with the clerk.
3. Florida Statutes § 732.901, production of wills (2026), checked October 16, 2026
   Supporting text

   • The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.
   • the clerk shall retain and preserve the original will in its original form for at least 20 years
4. Florida Statutes § 735.201, summary administration (2026), checked October 16, 2026
   Supporting text

   • does not exceed $150,000 or that the decedent has been dead for more than 2 years
   • s. 7, ch. 2026-57
5. Chapter 2026-57, Laws of Florida, checked October 16, 2026
   Supporting text

   • Section 7. Subsection (2) of section 735.201, Florida Statutes, is amended
   • Section 14. This act shall take effect July 1, 2026.
6. The Florida Bar, Lawyer Referral Service, checked October 16, 2026
   Supporting text

   • Call 800-342-8011, Monday-Friday, 8:00 a.m.-5:30 p.m.
7. Florida Courts E-Filing Portal, checked October 16, 2026
   Supporting text

   • the Florida Courts E-Filing Portal serves as a single, statewide access point connecting thousands of users to Florida's court system.
8. Twentieth Judicial Circuit, home page, checked October 16, 2026
   Supporting text

   • Court Schedules
   • Lee County
   • Charlotte County
   • Collier County
   • Glades County
   • Hendry County
9. Twentieth Judicial Circuit, Probate Information, checked October 16, 2026
   Supporting text

   • Probate Information
   • Lee County Probate Information:
   • Charlotte County Probate Information:
   • Collier County Probate Information:
   • Hendry County Probate Information:
   • Glades County Probate Information:
   • The Probate Office handles court-supervised proceedings for establishment of wills, settlement of decedent's estates, supervision of guardianships for minors and incapacitated persons, and filing of mental health cases.
   • IMPORTANT: When a notice of hearing is filed a copy of the notice of hearing must be immediately send to the Court's Judicial Assistant. If his procedure is not followed in every case the hearing will not be placed on the Court’s docket.
10. Twentieth Judicial Circuit, Administrative Orders index, checked October 16, 2026
    Supporting text

    • Guardianship Financial Returns (2/14/95)
    • Appointment Of Public Defender (6/19/00)
    • Commercial Delivery Services (12/18/03)
11. Twentieth Circuit AO 5.1, Guardianship Financial Returns, checked October 16, 2026
    Supporting text

    • each Guardian of the person shall file with the Court an annual guardianship plan within 90 days after the last day of the anniversary month the Letters of Guardianship were signed
12. Twentieth Circuit AO 5.2, Public Defender in Baker Act proceedings, checked October 16, 2026
    Supporting text

    • the Public Defender is hereby appointed to represent each person who is the subject

    Note: The index lists the order as 6/19/00. The PDF is a scan; its clerk certification stamp reads June 20, 2001 and its order-date line is not legible, so the order date is stated as the index lists it.

13. Twentieth Circuit AO 5.3, Commercial Delivery Services under Probate Rule 5.040, checked October 16, 2026
    Supporting text

    • ORDERED that the following commercial delivery services requiring a signed receipt may be used for providing formal notice pursuant to Florida Probate Rule 5.040 in proceedings pending in the Twentieth Judicial Circuit
    • 1. Federal Express
    • 2. United Parcel Service
14. Twentieth Judicial Circuit, Charlotte County Justice Center, checked October 16, 2026
    Supporting text

    • Charlotte County Justice Center
    • Court Administration 350 E. Marion Avenue Punta Gorda, FL 33950 Phone: (941) 637-2281
    • Mon. - Fri. 8am - 5pm
15. Twentieth Judicial Circuit, Judge Shannon H. McFee profile, checked October 16, 2026
    Supporting text

    • Division Charlotte County Criminal (M-Z) 50% Probate 50%
    • Charlotte County Justice Center 350 E. Marion Avenue Punta Gorda, FL 33950
16. Twentieth Judicial Circuit, Judge Lisa S. Porter profile, checked October 16, 2026
    Supporting text

    • Division Charlotte County Criminal (A-L) 50% Probate 50%
    • Probate Checklists
17. Twentieth Judicial Circuit, Judge McFee probate scheduling instructions, checked October 16, 2026
    Supporting text

    • The Court requires the filing of completed Probate Checklists when submitting most proposed Orders.
    • If the documents and checklist have not been filed with the Clerk's office the order will not be considered.
    • Probate motions may also be scheduled before Magistrate Koch, with an Order of Referral.
    • All hearings must be scheduled through the judicial assistant
    • Motions or Petitions must be filed with the Clerk before requesting time for a hearing.
    • A Notice of Hearing must then be filed in the court file.
18. Twentieth Judicial Circuit, Judge Lisa Porter practices and procedures, checked October 16, 2026
    Supporting text

    • All proposed orders must be submitted in Word format via the Florida Court's E-Filing Portal. Cover letters are not required.
    • Usage: A probate checklist must be filed for all dispositive orders.
    • Probate Hearings: All probate matters are referred to the Magistrate for hearing. Please contact the Magistrate Office at 941-637-2213 to obtain hearing time.
    • Notice of Hearing: A notice of hearing must be filed and served on all parties after receiving confirmation of a coordinated hearing date/time from the Judicial Assistant.
19. Twentieth Judicial Circuit, Charlotte County electronic submission of proposed orders, checked October 16, 2026
    Supporting text

    • Beginning on March 16th, 2021, ALL proposed orders must be submitted electronically via the Florida Courts E-FILING PORTAL.
    • Do Not E-file the Proposed Order until the supporting document(s) are viewable on the Clerk's Site.
    • In most cases this will take no more than 2-3 business days for the Clerk to process the document and make it viewable.
    • All electronically submitted proposed orders MUST be submitted to the Court utilizing recent versions of Microsoft Word.
    • Judge's name and signature line
    • Certificate of Service
20. Charlotte County Clerk, Probate Guardianship page, checked October 16, 2026
    Supporting text

    • The Probate Office handles court-supervised proceedings for establishment of wills, settlement of decedent's estates, supervision of guardianships for minors and incapacitated persons, and filing of mental health cases.
    • Florida Probate Rules require a Florida licensed attorney to represent the personal representative of the estate in almost all instances.
    • The original last Will should be filed with the Clerk of the Circuit Court and County Comptrollers office within 10 days from the date the holder of the Will was notified of the death of the decedent. An attorney is not needed to file a Will for safekeeping.
    • Formal Administration is used when the assets include real estate or other assets that exceed $75,000.00 in value.
    • Summary Administration is used if the assets that are solely in the decedent's name do not exceed $75,000.00.
    • (941) 637-2210 - Probate
    • Monday - Friday 8:00 a.m. - 5:00 p.m.
    • Justice Center 350 E. Marion Avenue Punta Gorda, FL 33950
    • Murdock Administration Building 18500 Murdock Circle Port Charlotte, FL 33948
    • Mac V. Horton West County Annex 6868 San Casa Blvd, Englewood, Florida 34224
    • Case Record Search
    • Florida Courts eFiling Portal
    • Guardianships for minors are filed when the minor child has inherited money or has property in excess of $15,000.00.
    • Upon the death of a settlor of a trust, the trustee must file a Notice of Trust with the Court.
21. Charlotte County Clerk, Contact Us directory, checked October 16, 2026
    Supporting text

    • Probate/Guardianship/Mental Health (941) 637-2210
    • Justice Center - Punta Gorda (941) 637-2199
    • Murdock (941) 743-1400
22. Charlotte County Clerk, Fee Schedule, checked October 16, 2026
    Supporting text

    • Notice of Trust $41.00
    • but not to include issuance of letters or Order of Summary and Family Administration $231.00
    • Caveat $41.00
    • Petition and order to admit foreign wills authenticate copies or transcripts of record $231.00
    • Small Estates: Disposition without Administration $235.00
    • Summary Administration: Less than $1,000.00 $235.00 $1,001.00 and over $345.00
    • Formal Administration, Ancillary, Curatorship or Conservatorship proceedings regardless of inventory $400.00
    • Guardianship Minor proceedings: person only $235.00 property only $400.00 person and property $400.00
    • Guardianship proceedings: person only $235.00 property only $400.00 person and property $400.00
    • Veterans Administration Guardianship pursuant to Chapter 744 $235.00
    • Exemplified Certificates $7.00
    • Petition to determine incapacity $231.00
    • Baker Act, Substance Abuse (no fees) $0.00
    • Re-open filing fee {FL Statute 28.241(1)(b)} $50.00
23. Charlotte County Clerk, Electronic Filing page, checked October 16, 2026
    Supporting text

    • In October of 2011 Charlotte County began a pilot program for eFiling with the probate division.
    • The pilot period successfully concluded on December 31st, 2011 at which time probate eFiling was opened to all attorneys.
    • Charlotte County - efile Rules and Procedures
24. Charlotte County Clerk, Court Search (Benchmark), checked October 16, 2026
    Supporting text

    • Case Search
    • GUARDIANSHIP
    • PROBATE
    • Name
    • Case Number
25. Charlotte County Property Appraiser, home page, checked October 16, 2026
    Supporting text

    • Apply for Homestead Exemption Online
    • Learn About Available Exemptions
26. Charlotte County Property Appraiser, Exemptions, checked October 16, 2026
    Supporting text

    • Applicants who timely file by March 1, possess title to the real property, and are bona fide Florida residents living in the dwelling and making it their permanent home as of January 1, qualify for the exemption.
    • Homestead Exemption Application can now be made Online.
    • Another exception occurs when ownership of a homestead property is changed in any way, affecting the homestead. Assessed value then returns to fair market (just) value in the year following the change.
    • Widow 's/Widower's Exemption - $5,000
    • You must include a photocopy of your spouse's death certificate when making
27. Charlotte County Property Appraiser, Directions and Office Hours, checked October 16, 2026
    Supporting text

    • Murdock Administration Center 18500 Murdock Circle Port Charlotte, FL 33948 Monday through Friday, 8:00 A.M. to 5:00 P.M
    • South County Annex 410 Taylor Street Punta Gorda, FL 33950 Monday through Friday, 8:00 A.M. to 5:00 P.M
    • Mac Horton West Charlotte Annex 6868 San Casa Drive Englewood, FL 34224
28. Charlotte County Property Appraiser, Contact Us, checked October 16, 2026
    Supporting text

    • Records Exemptions Name Change Property Ownership Change of Address
    • 941-743-1593
29. Florida Department of Health in Charlotte County, Death Certificates, checked October 16, 2026
    Supporting text

    • Order death certificates online through VitalChek
    • Death Certificates are available for deaths occurring in the state of Florida from 2009 to present.
    • A legible copy of a valid driver’s license, passport, state-issued ID, or military identification card must accompany all requests.
    • You must be a family member or legal representative when requesting cause of death.
    • $10 Death Certificate
    • 941-624-7200
    • 1100 Loveland Blvd.
    • Vital Statistics Hours Monday through Friday, 8 a.m. - 5 p.m.