The Probate Process in Lee County, Florida

Overview

Lee County is located in Southwest Florida and includes Fort Myers, Cape Coral, Bonita Springs, and the barrier islands of Sanibel and Fort Myers Beach. The region experienced devastating damage from Hurricane Ian in 2022, and the recovery has significantly impacted the local real estate market. Inherited properties here may range from canal-front homes in Cape Coral to Gulf-access condos and inland family homes.

The 20th Judicial Circuit

Lee County probate cases are filed with the 20th Judicial Circuit Court of Florida, which also covers Charlotte, Collier, Glades, and Hendry counties. The main courthouse is the Lee County Justice Center at 1700 Monroe Street, Fort Myers, FL 33901.

The 20th Circuit handles a significant caseload given the region's large retirement-age population. The Clerk of Court supports electronic filing and online case tracking.

Types of Administration

Summary Administration

For estates valued at $75,000 or less (excluding homestead) or when the decedent died more than two years ago. Processing time in Lee County is typically 4 to 8 weeks.

Formal Administration

For larger estates. Standard Florida process with appointment of personal representative, creditor notification in a Lee County newspaper, and the 90-day creditor claim period.

Timeline

• Summary Administration: 4 to 8 weeks.
• Formal Administration: 6 to 12 months. Post-hurricane complications can add time for estates with damaged or disputed property values.

Selling Property During Probate

Lee County's post-Hurricane Ian real estate landscape creates unique considerations for inherited property sellers:

• Storm damage assessment — Some inherited properties may have unrepaired hurricane damage. A professional inspection can determine the extent of damage and affect pricing strategy.
• Insurance complications — Florida's insurance market has tightened since Hurricane Ian, and inherited properties may face challenges obtaining affordable coverage. Cash buyers bypass these issues.
• Cape Coral canal properties — Canal-front homes with Gulf access command strong prices from boating enthusiasts. Properties without Gulf access trade at a notable discount.
• Rebuilding and growth — Fort Myers Beach and Sanibel are still rebuilding, creating both challenges and opportunities for property owners in affected areas.
• Snowbird demand — Lee County's seasonal population creates a predictable buying cycle, with peak activity from October through March.

Tips for a Smooth Process

• Retain a probate attorney who practices in the 20th Judicial Circuit
• Assess any hurricane damage early and determine whether to sell as-is or make repairs
• For Sanibel and Fort Myers Beach properties, verify current zoning and rebuilding rules
• Consider timing the sale to align with Southwest Florida's seasonal buying market
• Contact us for a free consultation on your Lee County inherited property options