If a loved one recently passed away in Martin, Florida, you may be wondering what steps come next and whether the estate has to go through probate at all. Understanding how the local probate division operates, including how and when to file petitions, notices, and inventories, can make the difference between a smooth administration and an unnecessarily drawn-out case. Our firm represents clients across Martin and the surrounding region in every stage of Florida probate.
If you need guidance on opening, administering, or closing a Martin County estate, contact Bucelo Diaz Law or call (954) 399-1910 to schedule a free consultation.
Martin County Probate Court
- Court
- Martin County Courthouse
- Address
- 100 SE Ocean Boulevard, Stuart, FL 34994
- Clerk website
- Martin County Clerk of Court
- Phone
- (772) 288-5736
- Directions
- View on Google Maps
Key Takeaways, Probate in Martin County
- Probate is filed in the county where the decedent was domiciled. For Martin County residents, that means filing in the local probate division of the circuit court listed above.
- Florida offers two administration tracks. Summary administration for smaller or older estates, and formal administration for everything else, including most estates involving real property.
- Counsel is typically required in formal administration. Personal representatives owe fiduciary duties that can create personal liability, so most estates benefit from a Martin County probate attorney.
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Opening a Martin County estate or unsure whether probate is required? Bucelo Diaz Law helps families and personal representatives across Florida navigate each stage of probate.
Contact NowFirst Steps After a Death in Martin, Florida
The hours and days after a loved one passes are stressful. While probate can wait, a few practical first steps will make the process easier when you are ready:
- Obtain certified copies of the death certificate. The funeral home typically orders these. Get at least 6 to 10; banks, insurance companies, and the court each need their own.
- Locate the original will. Florida law (F.S. §732.901) requires the original to be deposited with the clerk of court within 10 days of learning of the death.
- Secure property and important papers. Lock the home, redirect mail, locate insurance policies and account statements. Do not distribute or remove assets before consulting an attorney.
- Notify Social Security, the IRS, and pension or retirement plan administrators. SSA notification stops further benefit payments and may trigger survivor benefits.
- List assets and debts. Bank accounts, retirement accounts, real estate, vehicles, life insurance, and any known creditor balances. This list will speed your first consultation.
- Schedule a probate consultation. Most Martin estates do not require an immediate filing, but early legal review prevents missed deadlines and protects the estate.
How Probate Works in Martin County
Every Florida probate begins with a petition filed in the county of the decedent’s domicile. For residents of Martin, the petition is filed at the local clerk’s office, and subsequent documents, letters of administration, notices to creditors, inventories, and the final accounting, are filed in that same case.
Florida recognizes two principal types of administration: summary administration, available when the probate estate is valued at $75,000 or less (excluding exempt property) or when the decedent has been deceased for more than two years, and formal administration, which applies to most larger estates and requires the appointment of a personal representative. Which path applies in a given Martin estate depends on the facts, not the county itself.
While the Florida Probate Code is statewide, clerks in each county publish their own local forms, filing checklists, and administrative orders. The Martin probate division is no different, and the practical side of moving a case forward often turns on those local requirements. Personal representatives in Florida generally must be represented by counsel, and beneficiaries often retain their own attorney when disputes, accountings, or distributions are at stake.
A Martin County probate attorney can help you file correctly the first time, avoid delays, and meet every statutory deadline. Let’s talk about your situation.
Schedule ConsultationThree Ways to Probate a Martin Estate
Florida law offers three procedural paths for handling a Martin estate. The right choice depends on the size of the estate, where the decedent lived, and whether anyone is contesting the case.
| Type | When it applies | Typical timeline |
|---|---|---|
| Summary administration | Estate is $75,000 or less in non-exempt assets (rising to $150,000 effective July 1, 2026), OR decedent has been deceased more than 2 years | 4 to 8 weeks |
| Formal administration | Estate exceeds the summary threshold, within 2 years of death, or includes complex assets | 6 to 12 months |
| Ancillary administration | Decedent lived in another state but owned Martin property (real estate, titled vehicles) | 4 weeks (short-form) to 6–12 months (formal) |
Not sure which applies? Schedule a free consultation and we will review the death certificate, the will, and the asset list before any filing.
Do You Need a Probate Lawyer in Martin County?
As a statewide Florida probate attorney practice, Bucelo Diaz Law opens and administers Martin County estates without you ever needing to visit the courthouse.
Florida does not require a lawyer for every probate scenario, but formal administration generally cannot be pursued without counsel, and summary administration is rarely handled successfully without legal guidance when real property or multiple beneficiaries are involved. Hiring a Martin probate attorney is not about adding cost, it is about controlling risk. Personal representatives owe fiduciary duties to creditors and beneficiaries, and missteps can result in personal liability.
Our firm works with families and personal representatives across Martin to open estates, respond to creditor claims, resolve title issues on real property, prepare inventories and accountings, and distribute assets in compliance with Florida law. If there is a will contest, a dispute over the personal representative, or a question about whether an estate even needs to be opened, we can evaluate the situation and recommend a path forward.
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What to Bring to Your Martin Probate Consultation
To make our initial conversation as productive as possible, gather what you can before our consultation:
- Death certificate (a certified copy if you have it)
- Original will, if one exists, plus any prior wills you can locate
- List of the decedent’s assets: real property, bank and brokerage accounts, vehicles, life insurance, retirement accounts
- Names and contact information for the surviving spouse and all beneficiaries
- Recent creditor letters or known debts
- Information about property the decedent owned outside Martin (other Florida counties or other states)
If you do not have all of this yet, that is fine. We can begin with what you have and gather the rest as we go.
Cost of Probate in Martin County
Probate cost in Martin County depends on the size of the estate, the type of administration (summary or formal), the Martin Clerk of Court filing fees, and any extraordinary services such as contested matters or out-of-state real property. Florida sets a presumed reasonable attorney’s fee schedule under F.S. 733.6171 and personal representative compensation under F.S. 733.617, but every Martin estate is different.
Want a complete breakdown?
See the Florida Probate Cost Guide for the full statutory fee schedule, court filing fees, and worked cost examples for estates from $50,000 to $5 million. We also provide a written cost estimate at the end of every initial consultation.
Out-of-State Family Handling Martin Probate?
Many Martin estates involve families who live outside Florida. The good news: under Florida Statute §733.304, a child, spouse, sibling, or other qualifying relative can serve as personal representative even if they live in another state or country.
You typically do not need to travel to Florida. We handle the entire Martin probate by Zoom, email, remote signature, and Florida Remote Online Notarization (RON). For a complete walkthrough of how Florida probate works for out-of-state and international families, see our pillar guide: Florida Probate From Out of State: Personal Representative Guide.
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Frequently Asked Questions, Probate in Martin
Where do I file probate in Martin, Florida?
Probate for a decedent who was domiciled in Martin at the time of death is filed with the clerk of the circuit court’s probate division in Martin. The petition, death certificate, and original will (if one exists) are submitted to the clerk, who opens a case file and routes the matter to a probate judge.
What courthouse handles probate in Martin?
Probate matters in Martin are handled at the local circuit court. Courthouse and clerk information is listed above, we recommend confirming current filing hours and submission procedures directly with the clerk’s office before filing.
Do I need a lawyer for probate in Martin?
Florida generally requires an attorney for formal administration. Even in summary administration, most families in Martin choose to work with probate counsel to ensure filings are accurate and deadlines are met. A consultation can help you decide.
How long does probate take in Martin?
Timelines vary. A simple summary administration in Martin may close in a few weeks; a formal administration usually takes at least six months, in part because Florida requires a three-month period for creditors to file claims. Disputes, real-estate issues, or tax complexity can extend the schedule.
Do you handle Martin probate in Spanish?
Yes. Our team includes Spanish-speaking attorneys, and we handle Martin probate matters in Spanish for our bilingual and Spanish-speaking clients.
What if the decedent owned property in Martin and another county?
Florida probate is filed in the county where the decedent was domiciled at death. If the decedent was a Martin resident with property elsewhere in Florida, the other counties typically do not need separate proceedings. If property is in another state, that state needs its own ancillary proceeding.
What if the decedent was not a Martin resident but owned property in Martin?
You will need a Florida ancillary administration filed in Martin. The main probate happens in the decedent’s home state; the Martin case transfers the local property only.
Nearby Florida Counties We Serve
Bucelo Diaz Law represents clients in probate matters across every Florida county. Explore nearby jurisdictions, or return to the Florida probate county directory for the full list.
Every Florida probate case turns on local procedure, statutory deadlines, and careful execution. If you’re dealing with an estate in Martin County, Bucelo Diaz Law is ready to help.
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