Polk County Probate Court Guide (2026)

Probate in Polk County—serving Bartow, Lakeland, Winter Haven, and Lake Wales—is governed by the 10th Judicial Circuit. Polk County is known for a centralized probate division in Bartow that emphasizes procedural precision. In 2026, the court operates with a strict “Checklist” system for all summary and formal administrations, ensuring that every case meets statutory requirements before being presented for judicial signature.

At Florida Probate Law Group, our founding partners—R. Nadine David and Charles “Cary” David—bring a standard of excellence to Central Florida that was honed at Stetson University College of Law, where they graduated with honors. We understand the specific nuances of the Bartow courthouse and provide families with a transparent, efficient experience. For more details on the probate process, visit our Complete Guide to Florida Probate. We offer all-inclusive flat-fee pricing for all uncontested Polk County cases, providing you with financial certainty from start to finish.


🏛️ Polk County Courthouse & Clerk Information

All probate filings and original Wills are processed through the Clerk of the Circuit Court’s office in Bartow.

[!IMPORTANT]

2026 Will Deposit Rule: The original Last Will and Testament must be deposited with the Clerk in Bartow within 10 days of receiving notice of the death. Note that the Lakeland and Lake Alfred branch offices do not accept original Wills for safekeeping; they must be brought or mailed to the main Bartow location.


⚖️ 10th Judicial Circuit Probate Procedures

Polk County probate matters are managed through high-efficiency divisions that prioritize “clerk-ready” filings.

  • Judicial Oversight: For 2026, probate matters are primarily overseen by Judge Dana Y. Moore (Division 14). Judge Moore serves as the Administrative Judge for Probate and is known for requiring comprehensive supporting documentation for all petitions.
  • Mandatory Affidavits: The 10th Circuit requires a verified Affidavit of Heirs in all probate cases to ensure the family tree is accurately represented.
  • Summary Administration Checklists: Per Judge Moore’s 2026 procedures, all Petitions for Summary Administration must be accompanied by the court’s Summary Administration Checklist, certifying that all creditor issues and homestead details have been addressed.
  • Proposed Orders: All proposed orders must be submitted via the Florida Courts E-Filing Portal in Microsoft Word format. Orders must include the standardized “Done and Ordered” block with sufficient space for the judge’s electronic signature and a full service list of all beneficiaries.
  • Virtual Hearings: Most uncontested probate matters are handled “in chambers” or via Zoom. This allows our firm to manage your case in Bartow regardless of whether you live in Lakeland or across the country.

💰 2026 Polk County Probate Filing Fees

Statutory filing fees for the 10th Judicial Circuit:

Action TypeCourt Filing Fee
Formal Administration (Full Probate)$400.00
Summary Administration (Estates > $1,000)$345.00
Summary Administration (Estates < $1,000)$235.00
Disposition of Personal Property$231.00
Notice of Trust / Caveat$41.00

❓ Polk County Probate FAQ

Is a “Summary Administration” right for my case?

Summary Administration is an expedited track available if the decedent has been deceased for more than two years OR if the total value of non-exempt assets is less than $75,000. In Polk County, if the primary residence is a “protected homestead,” its value is usually excluded from this limit, making this a popular choice for families.

What is a “Self-Proving” Will?

If the Will includes a notarized affidavit at the end (signed by the testator and two witnesses), it is “self-proving.” If not, Polk County requires a witness to the Will to give a formal Oath of Witness before the Clerk or a Commissioner. We handle the coordination of these oaths so you don’t have to.

What is your “Flat-Fee” model for Polk County?

Hourly billing can be unpredictable in a busy circuit like the 10th. We provide one all-inclusive flat fee for every uncontested probate case. This covers everything from the initial filing with Stacy Butterfield’s office to the final distribution of assets.


📍 Why Hire Florida Probate Law Group?

The 10th Judicial Circuit in Polk County requires an attorney who respects the courthouse’s technical standards.

  • Checklist Accuracy: We prepare all 2026 mandatory checklists to ensure your file moves directly to Judge Moore’s desk.
  • Stetson Law Excellence: Our founding partners bring the high standards of their Stetson Law training to every Polk County case.
  • Financial Certainty: Our flat-fee pricing ensures your family knows the exact cost of probate from day one.

Client Reviews

I was very happy with her response to my questions and concerns about Florida probate. I am in Ohio and was not familiar with the process but they cleared everything up for me and made me feel comfortable going through the probate process with my loved ones will.

Roger

Honest and straight forward assessment of complex case. My case span both federal and state issues, as well as civil case of fraud which maybe criminal fraud. He told me what he could do, what his limits of scope were and what my best/safest position should be and gave me an outline of how to get...

S. Todd

The world of probate can be fairly daunting for one who has little to no experience. Between trying to figure out what to file and when to file, there is also the where. I was quite relieved to have Nadine and Cary to guide me through the court process.

Michael O.

I highly recommend using this law group for your Florida probate needs, and in particular, Charles David. He explained clearly what my 91 year old aunt would need to do in order to sell property that was in hers and her late husband's name.

Patti T.

Florida probate law group,was very helpful in answering the many questions that I had concerning my situation their input was very appreciated thank you.

Shirley M.

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