Monroe County Probate Court Guide (2026)

Probate in Monroe County – serving Key West, Marathon, Islamorada, and Key Largo – is governed by the 16th Judicial Circuit. Known for its “island pace,” the Monroe County probate division is nonetheless efficient and highly specialized. Because the Florida Keys attract many non-residents with vacation homes, the court handles a significant volume of Ancillary Probates. In 2026, the court operates under a strict digital mandate where all proposed orders must be submitted via the Florida Courts E-Filing Portal with a specific cover letter indicating if opposing counsel objects.

At Florida Probate Law Group, we bring a unique “inside the court” perspective to the 16th Circuit. Our founding partner, R. Nadine David, is a former Probate Court Staff Attorney for the Florida judiciary. In that role, she spent time as the “gatekeeper” for probate judges, personally auditing thousands of files to ensure they met the technical requirements for a judge’s signature. This internal insight, combined with our firm’s history of handling thousands of cases across all 20 Florida Judicial Circuits, allows us to navigate the Monroe County courthouses from Key West to Plantation Key with unmatched precision.

🏛️ Monroe County Courthouse & Clerk Information

Probate records and the deposit of original Wills are managed by the Clerk of the Circuit Court & Comptroller at three primary locations.

• Key West (Main): Freeman Justice Center, 500 Whitehead Street, Key West, FL 33040
• Marathon Branch: 3117 Overseas Highway, Marathon, FL 33050
• Plantation Key Branch: 88820 Overseas Highway, Plantation Key, FL 33070
• Clerk of Court: Kevin Madok
• Probate Department Phone: (305) 292-3458
• Office Hours: Monday – Friday, 8:30 AM – 5:00 PM

[!IMPORTANT]

2026 Will Deposit Rule: The original Last Will and Testament must be deposited with the Clerk in Monroe County within 10 days of receiving notice of death. The 16th Circuit is strict about “predicate filings”—the court will not review a petition for administration until the original Will is physically verified and visible on the electronic docket.

⚖️ 16th Judicial Circuit (Monroe) Probate Procedures

The 16th Circuit utilizes a geographic division system to manage the chain of islands.

• Judicial Oversight: For 2026, probate matters are assigned based on the courthouse location:
  • Key West Cases (Ending in “K”): Presided over by Chief Judge Timothy J. Koenig.
  • Upper Keys Cases: Often overseen by Judge Sharon I. Hamilton (acting as Circuit Judge).
• The “Staff Attorney” Advantage: In the 16th Circuit, a Probate Case Manager (currently Rosario Barrett) audits files before they reach the judge. Because R. Nadine David served in a similar role for the judiciary, our firm drafts every document to satisfy the specific checklists these case managers use. This allows our clients to bypass “Deficiency Memorandums” that often stall cases for weeks.
• Proposed Orders: All proposed orders must be submitted in Microsoft Word format via the Florida Courts E-Filing Portal. A separate Cover Letter in PDF format is mandatory for every order, stating whether other parties consent or object. Orders submitted without this cover letter or the correct DJMCA codes are often rejected without notice.
• Restricted Depositories: Monroe County judges frequently require estate funds to be placed in a Restricted Depository account. These are court-supervised bank accounts that require a specific court order to release funds for any reason. Our firm is expert at coordinating with local banks to set these up quickly.

💰 2026 Monroe County Probate Filing Fees

Statutory filing fees for the 16th Judicial Circuit:

❓ Monroe County Probate FAQ

How does your experience across “all circuits” help in the Keys?

Every circuit has its own procedural “flavor.” Having handled thousands of cases in all 20 Florida Judicial Circuits, we know how to balance the 16th Circuit’s formal rules with the practical realities of island life. We bring the best practices from across the state to ensure your Monroe County case is handled as efficiently as possible.

What is “Ancillary Probate” for a vacation home?

If a non-resident of Florida dies owning a home in Key Largo or a condo in Key West, their estate must undergo Ancillary Probate in Monroe County to legally transfer the title. We specialize in coordinating these cases with out-of-state attorneys to ensure the Florida portion of the estate is handled seamlessly.

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

We believe in financial transparency. Because of our internal court insight and high volume of experience, we work with extreme efficiency. We offer all-inclusive flat-fee pricing for all uncontested probate matters, ensuring your legal costs are fixed and predictable from day one.

📍 Why Hire Florida Probate Law Group?

The Monroe County court system rewards attorneys who are prepared, technically accurate, and locally authoritative.

• Judicial Insider Insight: Founded by a former Probate Court Staff Attorney who knows exactly how judges audit probate files.
• Statewide Authority: Proven experience in all 20 Florida Judicial Circuits.
• Geographic Flexibility: We handle cases across all Monroe County courthouses, from Key West to Plantation Key.
• Financial Certainty: Our flat-fee pricing protects the inheritance for your family.