Florida Estate Planning by Location

Estate planning documents are executed under Florida law regardless of where in the state you are located. Probate and guardianship cases, however, are filed in the circuit court for the county where the decedent resided at the time of death (for probate) or where the incapacitated person resides (for guardianship). Use the pages below to find an attorney and understand local court procedures for your area.

Estate Planning by Location

How jurisdiction works in Florida probate

Probate is filed in the circuit court for the county where the decedent was domiciled (legally resided) at the time of death — not necessarily where they owned property or where family members live. If the decedent owned real property in Florida but was domiciled in another state, ancillary probate may be required in the Florida county where the property is located. See Fla. Stat. § 733.101.

For guardianships, the petition is filed in the county where the alleged incapacitated person resides. See Fla. Stat. § 744.106.

Estate planning documents — wills, trusts, powers of attorney — are not filed with any court during your lifetime. They are executed privately and stored until needed.

Frequently asked questions

Authoritative resources

• Fla. Stat. § 733.101 — Venue of probate proceedings
• Fla. Stat. § 744.106 — Venue for guardianship proceedings
• Florida Courts — Circuit Courts

Florida Bar note: This page is for general information and does not create an attorney-client relationship. Every case is different, and the best next step depends on the specific facts of your situation.