Palm Beach County Probate Court: Filing Fees, Forms, and Local Requirements

If your spouse or parent lived in West Palm Beach, Boca Raton, Delray Beach, Palm Beach Gardens, or anywhere else in Palm Beach County, the estate goes through the 15th Judicial Circuit Court. Palm Beach County is one of Florida's wealthiest counties, which means probate estates here tend to involve real estate at high valuations, retirement community assets, and — for the significant seasonal population — the added complexity of ancillary probate if the deceased also owned property in another state.

Here is what you need to know before opening a probate case in Palm Beach County.

Where to File

Palm Beach County Courthouse — Main Courthouse 205 N Dixie Highway, West Palm Beach, FL 33401

Probate filings are handled through the Civil Division / Probate Section. Most submissions go through the Florida Courts E-Filing Portal. The original physical Last Will and Testament must be deposited with the clerk within 10 days of learning about the death, per Florida Statute §732.901.

Filing Fees: Palm Beach County's Exact Schedule

Palm Beach County maintains strict fee schedules for probate filings:

These fees are consistent with the statewide framework under F.S. §28.2401. Additional clerk fees may apply for specific motions, certified copies of orders, and recording of real estate documents.

Notice to Creditors publication in Palm Beach County: legal notice publications in the Palm Beach market run higher than smaller Florida counties, typically in the range of $200 to $350 depending on the publication.

The Safe Deposit Box: Palm Beach County's Specific Requirement

Palm Beach County has a specific requirement for accessing a deceased person's safe deposit box prior to the formal opening of a probate proceeding. The court requires specific generic petition and order forms to be filed before the box can be opened. This requirement exists because safe deposit boxes often contain original wills, deeds, and other documents that could affect the estate.

Practical steps for a Palm Beach County safe deposit box:

1. Obtain the court's specific petition form for pre-administration safe deposit box access
2. File the petition at the courthouse
3. Obtain the court's order authorizing access
4. Present the order to the bank along with a death certificate and your identification

Do not attempt to access the box with only a death certificate and your own key — in Palm Beach County, the court authorization is required. Banks in the county will ask for it.

This process takes time, so start it early if you believe important documents (especially an original will) may be in the box.

Probate Types and the 2026 Threshold

Disposition Without Administration Available for small estates: no real estate in the deceased's sole name, total non-exempt personal property does not exceed preferred funeral expenses plus final 60-day medical costs. The process takes 2 to 4 weeks.

Summary Administration (F.S. §735.201) Effective July 1, 2026, the non-exempt asset threshold for summary administration rose to $150,000 under CS/HB 1337. Excluded from the calculation: the primary residence (homestead), up to $20,000 in household furnishings, two personal vehicles under 15,000 lbs, and 529 education accounts.

Summary administration is also available — regardless of estate value — when the deceased has been dead for more than two years, since F.S. §733.710 bars all unsecured creditor claims at the two-year mark.

Formal Administration (F.S. §733) Required for non-exempt estates over $150,000, properties requiring management or sale, contested matters, or complex creditor situations. A personal representative must be appointed and represented by a Florida-licensed attorney under Probate Rule 5.030 in almost all cases.

Seasonal and Out-of-State Considerations

Palm Beach County has a substantial seasonal population — residents who winter in Palm Beach County but maintain primary residences in other states. This creates a common question: which state handles probate?

Probate is filed in the state where the deceased was domiciled at the time of death. If your spouse had a Florida driver's license, was registered to vote in Florida, and considered Florida their primary residence, then Florida is the state of domicile regardless of whether they also owned a home in New York or New Jersey.

However, if the deceased also owned real estate in another state, that property typically requires ancillary probate in that other state. Florida handles the primary (domiciliary) probate; the other state handles its own real estate separately. This is a common situation in Palm Beach County estates involving Northeast snowbirds.

If the deceased was actually domiciled in another state but owned Florida property, the reverse applies: the other state handles the main probate, and Florida is the ancillary jurisdiction. File a Florida ancillary probate through the Palm Beach County clerk.

Notice to Creditors

In summary administration where the deceased has been dead less than two years, publishing a Notice to Creditors is optional under F.S. §735.2063. In formal administration, it is mandatory. The personal representative must publish in a Palm Beach County newspaper of general circulation and directly serve all known creditors.

Skipping optional publication in summary administration saves money but leaves heirs personally liable to unknown creditors for up to two years after the date of death.

Homestead Property

If the estate includes the primary residence, a Petition to Determine Homestead Status must be filed as part of the probate proceeding. Palm Beach County title companies require the court's homestead determination order before insuring any sale, transfer, or refinancing. In high-value Palm Beach County real estate markets, this step is particularly important.

Palm Beach County Property Appraiser

The $5,000 Widow/Widower property tax exemption (F.S. §196.202) and the 100% first responder/disabled veteran exemption (F.S. §196.081) must be filed with the Palm Beach County Property Appraiser by March 1. These are separate from the probate court.

In Palm Beach County, where home values are high, the 100% veteran/first responder exemption can save thousands of dollars annually — worth the time to file.

Resources

• 15th Judicial Circuit: www.15thcircuit.com
• Florida Courts E-Filing Portal: myflcourtaccess.com
• Palm Beach County Property Appraiser: pbcgov.com/papa

For a complete guide to Florida survivor benefits — including all probate tracks, non-probate asset claims, FRS pension options, Social Security adjustments, and Medicaid protections — the Florida Survivor Benefits Navigator provides the practical, step-by-step resource you need.

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