Sanibel & Captiva Islands Probate Lawyer: Experts in Ancillary & Non-Resident Estate Administration

Florida Probate Law Group has helped thousands of families through the probate process on an affordable flat-fee basis since 2014. Navigating the legal transition of an estate in Sanibel & Captiva—from the beachfront sanctuaries along West Gulf Drive and Captiva Drive to the secluded residences within South Seas Island Resort—requires a firm that specializes in the complexities of non-resident and ancillary administration.

For a detailed walkthrough of the legal steps involved, read our Complete Guide to Florida Probate and our specific Lee County Probate Guide.

Solving the Out-of-State Dilemma: Florida Ancillary Probate

Many property owners on Sanibel and Captiva islands are residents of other states or countries. When an out-of-state resident passes away owning real estate in Florida, the “domiciliary” probate in their home state cannot legally transfer the Florida title. Instead, a secondary proceeding known as Ancillary Probate must be opened in the 20th Judicial Circuit.

• Marketable Title: Without a Florida court order, the island property cannot be sold or refinanced. We specialize in coordinating with out-of-state executors to ensure the Florida portion of the estate is handled seamlessly.
• Authenticated Record Requirements: Ancillary administration requires the filing of “authenticated” copies of the domiciliary probate documents (the Will, Petition for Probate, and Letters of Administration). Our firm manages this coordination to ensure the Lee County court has exactly what it needs to issue Florida authority.
• Non-Resident Personal Representatives: Under Florida Statute 733.304, an out-of-state relative can serve as the Personal Representative for a Sanibel estate. We help non-resident heirs navigate these rules without requiring them to travel to Florida.

Unmatched Qualifications and Insider Judicial Insight

Our firm offers a level of expertise unique in Southwest Florida, born from the distinguished professional histories of our founding partners:

• Insider Probate Court Experience: Founding partner R. Nadine David served as a Probate Court Staff Attorney, providing her with a firsthand understanding of how judges review petitions and exactly what the court requires to move a case forward without the “Deficiency Notices” that often stall less experienced practitioners.
• National Leadership: In 2024, founding partner Cary David addressed the National College of Probate Judges at their conference in Jacksonville, reinforcing our firm’s commitment to setting the standard for probate excellence throughout the state.
• Federal Litigation Precision: Cary David gained elite experience working for U.S. District Judge Elizabeth Kovachevich (the trailblazing former Chief Judge of the Middle District of Florida) and the Tampa U.S. Attorney’s Office, ensuring every estate is handled with absolute precision.
• Florida Roots: Both partners are honors graduates of Stetson University College of Law and proud University of Florida alumni.

The Advantage of 20th Circuit Insight in 2026

In Lee County, probate success is driven by a firm’s mastery of the local rules established by the bench in Fort Myers. As of 2026, the Lee County Probate Division—overseen by judges such as Judge Josephine Gagliardi, Judge Lindsay Garza, Judge Devin George, and Judge Javier Pacheco—operates under strict administrative protocols.

• Mandatory Checklist Compliance: The 20th Judicial Circuit requires strict adherence to Lee County Probate Checklists. No proposed order will be signed without a verified checklist that cross-references every required “predicate document” by its specific e-filing docket number.
• Professional Standards and Decorum: Attorneys in this circuit must abide by Administrative Order 2.13 (Courtroom Decorum) and the Standards of Professional Courtesy. Our firm’s reputation for integrity within the 20th Circuit ensures that your case is treated with the dignity it deserves.
• Lee County Justice Center: While your property is on the islands, the legal work happens at the Lee County Justice Center located at 1700 Monroe Street, Fort Myers, FL 33901. We handle all interactions with the Lee County Clerk of Court.

100% Remote Probate: Serving the Islands from Anywhere

Whether you are an out-of-state heir or are currently on the islands, probate administration can be completed remotely without ever coming to court or visiting our office physically.

1. Virtual Consultations: Meet with our team via secure video conferencing.
2. Digital Document Execution: Sign required filings securely via electronic signature, compliant with Florida’s 2026 digital standards.
3. Electronic Representation: We manage the entire digital interface with the Lee County Clerk and handle all virtual appearances before 20th Circuit judges on your behalf.

Fee Structure: Summary vs. Formal Administration

We provide transparent, affordable flat-fee pricing for all uncontested probate matters.

Summary Administration

An expedited path under Florida Statute 735.201 for estates where:

• The total value of “non-exempt” assets is under $75,000.
• OR the decedent has been deceased for more than two years.

Formal Administration

The standard process for larger estates or those with complex creditor issues, governed by Florida Probate Rule 5.200. This is necessary when a Personal Representative must be officially appointed to manage bank accounts, handle litigation, or clear the title on island real estate.

Frequently Asked Questions (FAQ)

What counts as a “non-exempt” asset in a Sanibel or Captiva estate? In Florida, “exempt” assets do not count toward the $75,000 threshold for Summary Administration. This includes a protected Florida Homestead (regardless of its value), household furnishings, and motor vehicles. This means an estate can include a multi-million dollar island home and still qualify for the faster Summary process if the remaining liquid assets (bank accounts, stocks) are below $75,000. Learn more from the Florida Bar’s Consumer Pamphlet.

Where do I deposit the original Will for a Sanibel resident? Under Florida Statute 732.901, the original Will must be deposited with the Lee County Clerk of Courts within 10 days of receiving notice of death. The courthouse is located at 1700 Monroe Street, Fort Myers, FL 33901. Our firm manages this secure physical filing for our clients.

What is a “Restricted Depository” in the 20th Circuit? Judges in Lee County frequently require estate cash to be held in a Restricted Depository per Florida Statute 69.031. This account protects the assets by requiring a court order for any withdrawals.

Secure Your Family’s Island Legacy

At Florida Probate Law Group, we combine unique qualifications and the experience of thousands of resolved cases with a deep commitment to the residents of Sanibel and Captiva. We handle the complexities of the law so you can focus on your family.