Statewide Probate
Attorneys in Florida
Attorneys in Florida
Naples Probate Lawyer: Flat-Fee Estate Administration in Collier County
Navigating the transition of an estate in Naples requires a firm that understands both the high-value nature of local real estate—from Port Royal and Old Naples to Pelican Bay and Grey Oaks—and the rigid procedural requirements of the 20th Judicial Circuit.
At Florida Probate Law Group, we provide Naples families with extensive experience, insider judicial insight, and the financial predictability of affordable flat fees. Our founding partners, R. Nadine David and Charles “Cary” David, are honors graduates of Stetson University College of Law and have built a firm dedicated to navigating Florida’s complex probate system with speed and transparency.
The Advantage of 20th Circuit Insight in 2026
In Collier County, probate success is determined by a firm’s mastery of “local-local” rules. As of 2026, the Collier Probate Division requires strict adherence to digital “Smart Forms” and mandatory checklists to avoid administrative delays.
- Judicial Familiarity: We understand the specific procedural expectations of Collier County judges, including Judge Joseph G. Foster (Administrative Judge) and Judge Elizabeth V. Krier. Our founding partner, R. Nadine David, previously served as a Probate Court Staff Attorney, giving our firm a unique “insider” perspective on how judges review filings. This allows us to submit “judge-ready” petitions that avoid the common “Deficiency Notices” that delay other firms.
- Mandatory Checklist Compliance: Per 20th Circuit protocols, judges will not review a file until a verified Probate Checklist is accurately docketed. We ensure every “Predicate Document” is perfect on the first submission to ensure court orders are signed without weeks of back-and-forth.
- Homestead Expertise: For Naples residents, the family home is often a multi-million dollar asset. We specialize in filing Petitions to Determine Homestead to protect this equity from creditors and clear the title for heirs, ensuring compliance with Florida’s unique constitutional protections.
Affordable Flat Fees: Financial Certainty
We believe that probate should not be a financial mystery. Unlike many Naples firms that charge a percentage of the estate’s total value—which can be exorbitant for high-value properties—we offer affordable flat-fee pricing for all uncontested probate matters.
- Summary Administration: An expedited path under Florida Statute 735.201 for estates where non-exempt assets are under $150,000 OR the decedent has been deceased for more than two years.
- Formal Administration: The standard process for larger estates or those requiring a Personal Representative, governed by Florida Probate Rule 5.200.
For more information on the process, view The Complete Guide to Florida Probate and our specific Collier County Probate Guide.
100% Remote Probate: Serving Naples Families Globally
Whether you are currently in Naples or are an out-of-state heir, probate administration can be completed remotely without ever coming to court or to our office physically.
- Virtual Consultations: Meet with our team via secure video from your home in Park Shore or from anywhere in the world.
- Digital Execution: Sign nearly all required probate filings securely via electronic signature.
- E-Filing & Zoom: We manage all filings with the Collier County Clerk of Court and handle all virtual appearances before 20th Circuit judges on your behalf.
Deep Dive into Collier County Probate Requirements
Asset Inventory and “Non-Exempt” Property
A critical step in Naples probate is determining what constitutes a “non-exempt” asset. In Florida, certain property is “exempt” from the claims of most creditors and does not count toward the $150,000 threshold for Summary Administration.
- Protected Homestead: The primary residence of a Florida resident.
- Household Furnishings: Up to $20,000 in value.
- Two Motor Vehicles: Regularly used by the decedent or their family.
“Non-exempt” assets typically include bank accounts in the decedent’s sole name without a beneficiary, brokerage accounts, and non-homestead real estate (like a rental property in Golden Gate Estates).
Creditor Period and Formal Administration
In a Formal Administration, the Personal Representative must publish a Notice to Creditors in a local newspaper like the Naples Daily News. This opens a 90-day window for creditors to file claims. If no claims are filed, the estate can move toward final distribution. Our insider insight helps us navigate these timelines to ensure assets are distributed to heirs as quickly as the law allows.
The Collier County Probate Court and the 20th Judicial Circuit
Probate in Naples is handled by the Probate Division of the Collier County Circuit Court, which sits within Florida’s 20th Judicial Circuit. The 20th Circuit also covers Lee, Charlotte, Glades, and Hendry counties, so its judges see a high volume of estate matters tied to Southwest Florida real estate.
The court oversees the full range of estate settlement work, including:
- Summary and formal administration of estates
- Appointment and supervision of the personal representative (executor)
- Will admission, and matters where there is no will (intestate estates)
- Determination of homestead and creditor claims
- Ancillary probate for out-of-state owners of Florida property
Filings are submitted electronically to the Collier County Clerk, and hearings before 20th Circuit judges are routinely handled by video. For the broader county context, see our Collier County Probate Court Guide. If you are unsure which type of administration your estate needs, request a free consultation and we will review the case with you.
The Naples Probate Process, Step by Step
Most Collier County estates move through six stages. Here is the simplified path a personal representative follows:
- File the petition. Open the estate by filing a petition for administration with the Collier County Circuit Court.
- Appoint the personal representative. The judge issues Letters of Administration, giving the representative legal authority to act.
- Notice to creditors. Publish notice and serve known creditors, opening the claims window.
- Administer the assets. Inventory property, secure accounts, and pay valid debts, taxes, and expenses.
- Distribute the estate. Transfer remaining assets to the beneficiaries named in the will or set by Florida law.
- Close the estate. File final documents and obtain the order discharging the personal representative.
Probate for High Net Worth Estates in Naples
Naples estates often hold more than a single home. A high-value estate in Port Royal, Pelican Bay, or Grey Oaks can combine several asset types, each with its own handling during estate administration:
- Luxury waterfront homes that may qualify for homestead protection and require careful title work
- Vacation and second properties, including condos and rentals outside the primary residence
- Investment and brokerage portfolios held in the decedent’s sole name
- Retirement accounts such as IRAs and 401(k)s, which usually pass by beneficiary designation
- Business interests, partnership shares, and closely held company stock
- Multiple beneficiaries whose interests must be balanced and documented
Because our flat fee covers uncontested administration regardless of estate value, families with substantial holdings are not penalized with a percentage-based bill. If your loved one held property in trusts alongside probate assets, or the estate touches on estate planning questions, we can point you to the right process. Learn how our flat-fee probate service keeps costs predictable, then speak with a Naples probate lawyer about your estate.
Ancillary Probate for Non-Resident Property Owners
Ancillary probate is a secondary probate opened in Florida when someone who lived in another state dies owning real estate or other property here. The main estate is administered in the home state, and an ancillary case in Collier County clears title to the Florida asset.
This is common among seasonal residents, the “snowbirds” who winter in Naples but keep legal residency up north. Typical scenarios include:
- A Midwest or Northeast resident who owns a Naples condo or beach home
- A vacation property titled solely in the deceased owner’s name
- Florida real estate that was not placed in a trust before death
Legal guidance is usually worthwhile as soon as out-of-state real estate is involved, because Florida law and the 20th Circuit’s filing rules differ from the rules where the main estate is being handled. We regularly coordinate with out-of-state executors and law firms. Nearby, our Marco Island probate lawyer page covers similar island and seasonal-owner situations.
Frequently Asked Questions (FAQ)
What is a “Restricted Depository” in Collier County?
Judges in the 20th Circuit frequently require estate cash to be held in a Restricted Depository per Florida Statute 69.031. This is a protected account where funds cannot be withdrawn without a specific court order. We coordinate directly with local Naples financial institutions to satisfy this judicial requirement quickly.
Where do I file the original Will for a Naples resident?
Under Florida Statute 732.901, the original Will must be deposited with the Collier County Clerk of Courts within 10 days of notice of death. The main probate office is located at the Collier County Government Center (3315 Tamiami Trail E, Naples, FL 34112). Our firm manages this secure physical filing for our clients.
Can an out-of-state relative serve as the Personal Representative?
Yes. As long as you are a close blood relative (spouse, child, parent, sibling, etc.), you can serve as the Personal Representative for a Naples estate even if you live in another state. Non-relatives must be Florida residents to qualify. This is governed by Florida Statute 733.304.
How long does probate take in Naples?
While every case is unique, a Summary Administration in Collier County typically takes 2-4 months, whereas a Formal Administration can take 6–12 months. Our streamlined 2026 digital filing process is designed to minimize these wait times by ensuring error-free submissions to the court.
Which court handles probate in Collier County?
Probate in Naples is handled by the Probate Division of the Collier County Circuit Court, part of Florida’s 20th Judicial Circuit. Filings go to the Collier County Clerk, and hearings are commonly held by video before circuit judges, so you rarely need to appear in person.
Do I need a probate lawyer in Naples?
In most cases, yes. Florida requires a licensed attorney to file a formal administration when there is more than one beneficiary, and the 20th Circuit enforces detailed local procedures. A Naples probate lawyer prepares court-ready filings, avoids deficiency notices, and moves the estate through the process efficiently.
What does probate cost in Naples?
We handle uncontested Collier County estates on a flat fee of $3,500 rather than a percentage of estate value. Court filing fees, publication of the notice to creditors, and certified copies are separate costs. Flat pricing is a real advantage on high-value Naples estates, where percentage fees can be very large.
Can probate be avoided?
Sometimes. Assets held in a living trust, jointly owned property with survivorship rights, and accounts with valid beneficiary or payable-on-death designations pass outside probate. Property titled solely in the decedent’s name generally still requires a Collier County probate case to transfer to heirs.
How are luxury properties handled during probate?
A high-value Naples home is administered like any other estate asset, but valuation, homestead status, and title work require extra care. If the property was the decedent’s primary residence, a petition to determine homestead can protect equity and clear title for the heirs before any sale or transfer.
What happens if there is no will?
When someone dies without a will (intestate), Florida’s intestacy statutes decide who inherits, generally the spouse and closest blood relatives. The estate still goes through the Collier County Circuit Court, and the judge appoints a personal representative, usually a spouse or adult child, to administer it.
Secure Your Family’s Inheritance Today
With extensive experience and a deep commitment to the residents of Collier County, Florida Probate Law Group is your partner in efficient estate administration. We handle the complexities of the law so you can focus on your family’s legacy. Call (352) 354-2654 or contact our Naples probate attorneys for a free consultation and let us discuss your probate matter today.