Hardee County probate help.

Clerk and filing

E-filing and records search

• The clerk's home page links "E-Filing, File Court Documents Online" to the Florida Courts E-Filing Portal. hardeeclerk.com
• Proposed orders sent through the portal follow AO 1-61.1: Word .docx files, one case number each, the motion e-filed first, and no duplicates by mail, fax or email. jud10.flcourts.org
• The circuit's step-by-step instructions: choose "Proposed Documents to Judiciary" in the portal, pick the county, and upload the Word proposed order. jud10.flcourts.org
• Hardee County's Online Court Records Search offers public, attorney, registered user and party access. civitekflorida.com

Probate filing fees posted by the clerk

Source: Hardee County Clerk of the Circuit Court and Comptroller, Probate Division fee schedule, checked October 16, 2026. Each posted fee that has a § 28.2401 amount is $1 above that amount (plus the $4 petition charge where § 28.2401(3) applies). The page labels the two summary administration rows "Summary Administration < $1,000" and "Summary Administration > $1,000". The reopen fee does not apply to any probate case before discharge of the personal representative.

Judges and divisions

10th Judicial Circuit. Serves Hardee, Highlands and Polk counties (§ 26.021(10), Fla. Stat.).

Courthouses that hear probate

• Hardee County Courthouse, 417 W. Main St., Wauchula, FL 33873; (863) 773-4174; Monday to Friday, 8 a.m. to 5 p.m. jud10.flcourts.org probate assignment

• Judge Susan L. Barber's page lists her judicial assistant, Kyndal Witt, at (863) 773-6547, in Suite 327 at 417 W. Main, Wauchula. jud10.flcourts.org
• The Tenth Judicial Circuit serves Hardee, Highlands and Polk counties. jud10.flcourts.org
• The circuit's courthouse hours page lists Hardee County, Monday to Friday, 8AM to 5PM. jud10.flcourts.org

Administrative orders

Orders of the 10th Judicial Circuit that apply to probate and guardianship cases in Hardee County. Circuit order index.

• AO 1-1.69, Assignment of Judges. Date: June 2, 2026 (covers July 6, 2026 through January 3, 2027). Assigns judges to sections and divisions for Hardee, Highlands and Polk counties and has the three clerks assign cases to sections by the order's ratios.
• AO 4-16.0, Orders for the Determination of Homestead Property in Formal Administrations. Date: June 14, 2016. Directs that a proposed Order Determining Homestead not be submitted until the publication and creditor-claim periods expire, unless a motion shows good cause and a hearing is set.
• AO 4-1.2, Recordation of Probate Records. Date: Recorded November 12, 1998. Lists the probate documents recorded in the Official Records (wills admitted, letters, orders affecting real property and others) and includes the recording fees in the fee paid when the estate is opened. Paragraph 3 adds $25.00 to the filing fees for determination of homestead, summary administration, foreign transcripts, formal administration, guardianship of property, ancillary administration and curator and conservator proceedings. The clerk's fee schedule lists no $25.00 add-on, and no clerk page says whether it is still charged.
• AO 4-13.5, Magistrates for Probate, Guardianship, Mental Health and Public Health Proceedings. Date: November 21, 2025. Appoints general magistrates for probate, guardianship, mental health and public health proceedings in the three counties.
• AO 4-3.2, Guardianship Procedures in the Tenth Circuit. Date: March 5, 2025. Sets the circuit's guardianship procedures and replaces AO 4-3.1.
• AO 4-7.5, Guardianship Education Requirements for Non-Professional Guardians. Date: February 14, 2023. Sets the education requirements for non-professional guardians under § 744.3145 and vacates AO 4-7.4.
• AO 1-61.1, Uniform Procedures and Requirements for Electronically Submitting Proposed Orders Through CAPS. Date: April 14, 2023 (effective April 17, 2023). Requires Word .docx proposed orders, one case number each, the motion e-filed first, and no duplicate submissions by mail, fax or email.

Local requirements and forms

Filing and the clerk

• The clerk's mailing and delivery address for Guardianship/Probate is 417 West Main St., Suite 202, Wauchula, FL 33873. The Circuit Judge's office is Suite 327. hardeeclerk.com
• Probate proceedings begin with a petition filed by the person asking to be appointed personal representative. The clerk's page says the petition is normally prepared by an attorney. hardeeclerk.com
• Judge Susan L. Barber's Hardee section (03) covers civil, family, felony, juvenile, mental health and probate under AO 1-1.69. jud10.flcourts.org

Wills

• The custodian deposits the will with the clerk within ten days after learning of the death, and no attorney is needed to file a will with the clerk. hardeeclerk.com
• The clerk's fee schedule lists the will deposit at $0.00. hardeeclerk.com
• The custodian must deposit the will within 10 days after learning of the death, and the clerk keeps the original for at least 20 years (§ 732.901). flsenate.gov

Disposition of personal property without administration

• The clerk's page describes disposition as a request to release assets to the person who paid final expenses (funeral bills or medical bills for the last 60 days), filed as a petition on a form from the Probate Division. hardeeclerk.com
• The clerk lists: any will within ten days of the notice of death, itemized paid funeral bills, paid receipts for medical expenses incurred sixty days before death, the death certificate, a statement of the type of asset to be released, identification of the filer and the filing fee. hardeeclerk.com
• The court enters an order allowing or disallowing the release, and a certified copy of the order is mailed to the petitioner. hardeeclerk.com
• Section 735.301(1) limits nonexempt personal property to preferred funeral expenses plus reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. flsenate.gov
• Section 733.707(1)(b) caps preferred funeral expenses at $6,000 in aggregate. flsenate.gov

Orders and case management (circuit)

• Proposed orders submitted through the portal follow AO 1-61.1: Word .docx files, one case number each, the motion e-filed first, a courtesy copy of the motion with the portal stamp, and no duplicates by mail, fax or email. jud10.flcourts.org
• A monthly delinquent list goes to the Probate Division case manager. The attorney of record gets a no-activity or delinquent letter with 30 days to comply, then a status conference, then an order to show cause hearing. jud10.flcourts.org

Homestead

• AO 4-16.0 directs that a proposed Order Determining Homestead not be submitted until the publication and creditor-claim periods expire, unless a motion shows good cause and a hearing is set. jud10.flcourts.org
• The clerk's fee schedule lists a petition to determine homestead at $231.00. hardeeclerk.com

Summary administration limit

• The clerk's probate page prints a $25,000 summary administration limit and also lists family administration. Section 735.201(2) reads $150,000 since July 1, 2026 (ch. 2026-57, s. 7). flsenate.gov

Forms and checklists

• Instructions for submitting proposed orders to the E-Filing Portal, Tenth Judicial Circuit
• Circuit probate case management page, Tenth Judicial Circuit
• Judge Barber's page, Tenth Judicial Circuit

Property and homestead

• Initial applications for property tax exemption are made between January 1 and March 1, online or in person at the appraiser's office. Homestead applicants must qualify on or before January 1. hardeepa.com
• Homestead exemption does not automatically transfer to a new residence. For property in a trust, the appraiser asks for a copy of the trust agreement or a recorded memorandum of trust. hardeepa.com
• The Property Appraiser's office is at 110 West Oak Street, Suite 103, Wauchula, phone 863/773.2196. hardeepa.com

Death certificates

• The Hardee County health department holds death certificates only from 2009 to the current year at this location. hardee.floridahealth.gov
• A death certificate with cause of death goes to the registrant's spouse, parent, child, grandchild or sibling, with a valid photo ID. Certificates without cause of death are open records available to anyone. hardee.floridahealth.gov
• The fee is $10.00 each and $10.00 for each additional copy. The office is at 115 K.D. Revell Road, Wauchula, phone 863-773-4161. hardee.floridahealth.gov

Records and help

• Hardee County's Online Court Records Search is linked from the clerk's home page. civitekflorida.com

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

   • but not to include issuance of letters or order of summary administration .......... $230
   • Charge for caveat .......... $40
   • Fee for petition and order to admit foreign wills, authenticated copies, exemplified copies, or transcript to record .......... $230
   • Fee for disposition of personal property without administration .......... $230
   • Fee for summary administration - estates valued at $1,000 or more .......... $340
   • Fee for summary administration - estates valued at less than $1,000 .......... $230
   • Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings .......... $395
   • Fee for guardianship proceedings of person only .......... $230
   • Fee for veterans' guardianship pursuant to chapter 744 .......... $230
   • Charge for exemplified certificates .......... $7
   • Fee for petition for determination of incompetency .......... $230
   • 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.
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. Florida Statutes § 735.301, disposition without administration (2026), checked October 16, 2026
   Supporting text

   • nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness
6. Florida Statutes § 731.110, caveat (2026), checked October 16, 2026
   Supporting text

   • Any interested person who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without that person's knowledge may file a caveat with the court.
7. Florida Statutes § 733.707, order of payment of expenses and obligations (2026), checked October 16, 2026
   Supporting text

   • Reasonable funeral, interment, and grave marker expenses, whether paid by a guardian, the personal representative, or any other person, not to exceed the aggregate of $6,000.
   • Reasonable and necessary medical and hospital expenses of the last 60 days of the last illness of the decedent
8. Tenth Judicial Circuit, home page, checked October 16, 2026
   Supporting text

   • Hardee County Highlands County Polk County
9. Florida Statutes § 26.021, judicial circuits (2026), checked October 16, 2026
   Supporting text

   • The tenth circuit is composed of Hardee, Highlands, and Polk Counties.
10. Tenth Judicial Circuit, Administrative Orders, probate and guardianship, checked October 16, 2026
    Supporting text

    • Recordation of Probate Records
    • In Re: Magistrates For Probate, Guardianship, Mental Health, And Public Health Proceedings
    • N RE: ORDERS FOR THE DETERMINATION OF HOMESTEAD PROPERTY IN FORMAL ADMINISTRATIONS
    • In Re: Guardianship Procedures In The Tenth Circuit
    • In Re: Authority Of Banks When Presented With Letters Of Administration Or Guardianship
11. Tenth Judicial Circuit, Probate, checked October 16, 2026
    Supporting text

    • On Guardianship and Estates cases a delinquent list is supplied to the case manager in the Probate Division monthly.
    • After review of each case a no activity letter or delinquent letter is sent to the attorney of record indicating they have 30 days in order to comply.
    • Once the 30 days has lapsed, the case manager will schedule all cases in which no record activity has occurred within that 30 days for a status conference hearing with the case assigned judge.
    • If after the status conference hearing there is still no record activity the case is rescheduled for an order to show cause hearing with the case assigned judge.
12. Tenth Judicial Circuit, Administrative Order 1-1.69, Assignment of Judges, checked October 16, 2026
    Supporting text

    • ADMINISTRATIVE ORDER 1-1.69 ASSIGNMENT OF JUDGES JULY 6, 2026 THROUGH JANUARY 3, 2027
    • Effective July 6, 2026, the Polk, Highlands, and Hardee County Clerks of Courts shall assign cases to the sections and divisions of the court in accordance with the ratio shown in Exhibit A
    • DONE AND ORDERED in chambers, at Bartow, Polk County, Florida this 2nd day of June 2026.
    • SUSAN L. BARBER
    • Hardee Civil, Family, Felony, Juvenile,
    • Mental Health, and Probate
    • Judicial Assistant: Kyndal Witt
13. Tenth Judicial Circuit, Administrative Order 4-16.0, Homestead in Formal Administrations, checked October 16, 2026
    Supporting text

    • ADMINISTRATIVE ORDER NO. 4-16.0
    • IN RE: ORDERS FOR THE DETERMINATION OF HOMESTEAD PROPERTY IN FORMAL ADMINISTRATIONS
    • A proposed Order Determining Homestead should not be submitted to the Court prior to the expiration of the publication period and the period for known creditors to file a claim.
    • DONE and ORDERED on this 14th day of June, 2016.
    • the petitioner must file a motion showing good cause to do so and set a hearing before the presiding Judge.

    Note: Scanned order with no text layer. The text was read from the page image on 2026-10-16.

14. Tenth Judicial Circuit, Administrative Order 4-1.2, Recordation of Probate Records, checked October 16, 2026
    Supporting text

    • ADMINISTRATIVE ORDER NO. 4-1.2
    • RECORDATION OF PROBATE RECORDS
    • Wills and Codicils Admitted to Probate
    • The recording fees involved with the recording of the above described documents shall be included in the filing fee paid upon the opening of the estate proceeding.
    • Effective upon entry of this Order, the sum of $25.00 shall be added to the filing fees due to the Probate Department on the filing of the following probate matters:
    • Determination of Homestead
    • Summary Administration
    • Foreign Transcripts
    • Formal Administration
    • Guardianship of Property (Plenary and Limited)
    • Ancillary Administration
    • Curator and Conservator Proceeding
    • RECORDED 11/12/98

    Note: Scanned order with no text layer. The text was read from the page image on 2026-10-16.

15. Tenth Judicial Circuit, Administrative Order 4-13.5, Magistrates for Probate and Guardianship, checked October 16, 2026
    Supporting text

    • ADMINISTRATIVE ORDER NO. 4-13.5
    • IN RE: MAGISTRATES FOR PROBATE, GUARDIANSHIP, MENTAL HEALTH, AND PUBLIC HEALTH PROCEEDINGS
    • it is necessary to appoint magistrates in order to continue the efficient
    • DONE AND ORDERED on this 21st day of November, 2025.
16. Tenth Judicial Circuit, Administrative Order 4-3.2, Guardianship Procedures, checked October 16, 2026
    Supporting text

    • ADMINISTRATIVE ORDER 4-3.2
    • IN RE: GUARDIANSHIP PROCEDURES IN THE TENTH CIRCUIT
    • DONE AND ORDERED on this 5th day of March, 2025.
17. Tenth Judicial Circuit, Administrative Order 4-7.5, Guardianship Education, checked October 16, 2026
    Supporting text

    • ADMINISTRATIVE ORDER NO. 4-7.5
    • RE: GUARDIANSHIP EDUCATION REQUIREMENTS FOR NON-PROFESSIONAL GUARDIANS
    • DONE AND ORDERED on this 14th day of February, 2023.
18. Tenth Judicial Circuit, Administrative Order 1-61.1, Electronic Submission of Proposed Orders, checked October 16, 2026
    Supporting text

    • ADMINISTRATIVE ORDER NO. 1-61.1
    • UNIFORM PROCEDURES AND REQUIREMENTS FOR ELECTRONICALLY SUBMITTING PROPOSED ORDERS THROUGH CAPS
    • Proposed orders must be submitted in Microsoft Word .docx format.
    • If the submission relates to a written motion, the motion must be e-filed prior to submission of the proposed order.
    • A proposed order should, whenever possible, contain only one case number.
    • Duplicate proposed orders must not be submitted by mail, fax or e-mail.
    • is effective on April 17, 2023.
    • DONE AND ORDERED in Bartow, Florida, on this 14 day of April, 2023.
19. Tenth Judicial Circuit, Instructions for submitting proposed orders to the E-Filing Portal, checked October 16, 2026
    Supporting text

    • 10TH JUDICIAL CIRCUIT'S INSTRUCTIONS FOR SUBMITTING PROPOSED ORDERS TO FLORIDA COURTS E-FILING PORTAL
    • Select "Proposed Documents to Judiciary" then choose which county you need from the dropdown.
    • (document must be in Word .docx format)
20. Hardee County Clerk of the Circuit Court and Comptroller, Probate Division, checked October 16, 2026
    Supporting text

    • Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries.
    • After the death of the person, the custodian of the will must deposit the will with the Clerk of the Circuit Court, within ten (10) days after receiving information that the person is deceased.
    • No, an attorney is not necessary to file the will with the Clerk of the Circuit Court.
    • Probate proceedings are initiated with the filing of a Petition by the person asking to be appointed personal representative. The Petition is normally prepared by an attorney.
    • Summary administration may be filed when the value of the entire estate does not exceed $25,000.
    • The disposition is filed to request release of assets of the deceased to the person who paid the final expenses; such as funeral bills or medical bills for the last 60 days.
    • This procedure may be accomplished with the filing of a petition.
    • The form required to file the disposition is available from the Clerk of the Circuit Court in the Probate Division.
    • If the decedent has a will, it must be filed with the Clerk of Circuit Court within ten days of the notice of death.
    • Itemized, paid funeral bills.
    • Paid receipts for any medical expenses incurred sixty days prior to death.
    • Death certificate.
    • Statement regarding the type of asset to be released.
    • Identification of the person filing.
    • Filing fee as set by Florida Statutes.
    • The Court will enter an Order either allowing or disallowing the release of the assets. A certified copy of the Order is then mailed to the petitioner.
21. Hardee County Clerk of the Circuit Court and Comptroller, Contact, checked October 16, 2026
    Supporting text

    • (863) 773-4174 417 West Main Street, Suite 202 Wauchula, FL 33873
    • Mon to Fri: 8:30 AM - 4:00 PM
    • Circuit/County Civil, Child Support, Juvenile, Guardianship/Probate, Circuit/County Criminal & Traffic 417 West Main St. Suite 202 Wauchula, FL 33873
    • Circuit Judge, Honorable Susan Barber 417 West Main St. Suite 327 Wauchula, FL 33873
22. Hardee County Clerk of the Circuit Court and Comptroller, Fee Schedule, checked October 16, 2026
    Supporting text

    • Summary Administration < $1,000 $235.00
    • Summary Administration > $1,000 $345.00
    • Formal Administration, Ancillary, Curatorship or Conservatorship $400.00
    • Caveat $41.00
    • Notice of Trust not filed with probate case $41.00
    • Disposition of personal property without administration $231.00
    • Petition to determine heirs $231.00
    • Petition to open safe deposit box, enter rooms and places $231.00
    • Petition to admit authenticated copies/exemplified copies or transcript to record $231.00
    • Petition to Determine Homestead $231.00
    • Deposit Will $0.00
    • Foreign Will $231.00
    • Signing of Oath of Witness to Will $3.50
    • Reopen fee *See Information $50.00
    • Guardianship (Person and Property) $400.00
    • Guardianship (Person Only) $235.00
    • Guardianship (Veterans' & Advocate) $235.00
    • Petition for Determination of Incompetency $231.00
    • any probate case prior to discharge of personal representative

    Note: The two summary administration labels contain the symbols < and >. scripts/verify-county-facts.mjs turns &lt; and &gt; into spaces, so it cannot match those two quotes; the labels were checked in the page HTML on 2026-10-16.

23. Hardee County Clerk of the Circuit Court and Comptroller, home page, checked October 16, 2026
    Supporting text

    • E-Filing File Court Documents Online
    • Records Search Search Court Records
24. Hardee County OCRS, Online Court Records Search, checked October 16, 2026
    Supporting text

    • Hardee County OCRS Online Court Records Search
25. 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.
26. Tenth Judicial Circuit, Judge Susan L. Barber, checked October 16, 2026
    Supporting text

    • Susan L. Barber Circuit Assignment: Hardee (Admin)-Sec 03 Civil/Family/Felony/Juv/Mental Health/Probate
    • Judicial Assistant: Kyndal Witt
    • Phone: (863) 773 - 6547
    • Address: 417 W Main, Suite 327, Wauchula, FL 33873
27. Tenth Judicial Circuit, Courthouse Locations, checked October 16, 2026
    Supporting text

    • Hardee County About Hardee Courthouse 417 W. Main St. Wauchula, FL 33873 (863) 773-4174
28. Tenth Judicial Circuit, Courthouse Hours, checked October 16, 2026
    Supporting text

    • Hardee County Monday - Friday, 8AM - 5PM
29. Hardee County Property Appraiser, home page, checked October 16, 2026
    Supporting text

    • Hardee County Property Appraiser's Office 110 West Oak Street, Suite 103 Wauchula, FL 33873 Ph. 863/773.2196
30. Hardee County Property Appraiser, Exemptions, checked October 16, 2026
    Supporting text

    • Generally, initial application for property tax exemption must be made between January 1 and March 1 of the year for which the exemption is sought.
    • Initial application can be made online or in person at the property appraiser's office.
    • To receive Homestead Exemption, applicants must qualify on or before January 1st and submit an application with the Property Appraiser on or before March 1st of the year in which the benefit will be applied.
    • IMPORTANT: Homestead Exemption does not automatically transfer to a new residence.
    • If property is in trust, a copy of the trust agreement or a copy of a recorded memorandum of trust
31. Florida Department of Health in Hardee County, Death Certificates, checked October 16, 2026
    Supporting text

    • A valid Photo ID is required when requesting cause of death.
    • Death Certificates available only from 2009 to current year at this location.
    • Death Certificates without the cause of death are open records and available to anyone.
    • The registrant's spouse
    • The registrant's parent
    • The registrant's child
    • The registrant's grandchild
    • The registrant's sibling
    • Fee: $10.00 each
    • Additional Copies: $10.00 each
    • Phone: 863-773-4161
    • Mailing Address 115 K.D. Revell Road Wauchula, FL 33873
    • the only vendor authorized by the Florida Department of Health