Probate and Recording Deeds in Collier County (Naples), Florida
Where to file a will or open probate, and where to record a deed, in Collier County (Naples) — with the state rules that apply.
Probate court
Collier County Clerk of the Circuit Court - Probate (Courts Department)
Address: 3315 Tamiami Trail East, Ste. 102, Naples, FL 34112-5324
Phone: (239) 252-2646
Recording deeds
Collier County Clerk of the Circuit Court & Comptroller - Recording
E-recording: yes - CSC e-Recording, E-Recording Partners Network (ePN), ICE/Simplifile (https://www.collierclerk.com/recording-information/e-recording/)
Recording fee: Recording fee (letter, legal size): first page $10.00; each additional page $8.50 Fee schedule
Florida rules that apply
| Small estate affidavit | Florida has no general small estate affidavit. Two limited options exist: (1) a bank may pay a family member up to $2,000 total from deposit accounts or CDs held in the decedent's sole name with no pay-on-death or survivor designation, no earlier than 6 months after death, on a sworn affidavit plus a certified death certificate; (2) 'disposition without administration': if the estate is only exempt personal property plus other personal property worth no more than the preferred funeral expenses and recent medical and hospital expenses, the court may authorize transfer by letter without a full probate. Neither option covers real estate. Source: Fla. Stat. §§ 735.301, 735.303 |
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| Probate steps | Formal administration: file a petition for administration and deposit the original will with the circuit court clerk; the court issues letters of administration to the personal representative; the personal representative serves a notice of administration on interested persons, publishes a notice to creditors once a week for 2 consecutive weeks and serves it on known or reasonably ascertainable creditors; files a verified inventory of estate property; pays valid claims, expenses and taxes; then files a final accounting and petition for discharge, and the court enters an order of discharge. |
| Signing and recording a deed | A deed must be in writing and signed by the grantor in the presence of two subscribing witnesses (witnessing by audio-video technology is allowed where the statute permits). To be recorded, the grantor's signature must be acknowledged before a notary public or other authorized official. The recording clerk requires each signer's and witness's name printed beneath the signature with a post-office address, the grantee's name and address, and the name and address of the person who prepared the deed. Deeds are recorded with the Clerk of the Circuit Court in the county where the land is located. Documentary stamp tax applies at 70 cents per $100 of consideration. Miami-Dade County uses a different documentary stamp rate for some property. |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.