Monroe County Probate Process for Residents & Non-Residents
In Florida, probate is a legal, court-supervised process for identifying and collecting a deceased person’s assets, paying their debts, and distributing the remaining property to rightful beneficiaries. It ensures creditors are notified and that the estate is handled properly—whether or not a will exists.
Florida Probate Process
When someone passes away with a valid Last Will & Testament, the original document must be filed with the proper circuit court, known as the probate court, in the county of the decedent’s residence. If the decedent lived in Key West, Marathon, Islamorada, or anywhere else in Monroe County, the Monroe County probate court is the proper jurisdiction.
If no valid will exists, the estate is administered according to Florida’s intestacy statutes, which define the order in which family members inherit. Either way, the process is handled by the 16th Judicial Circuit Court of Florida.
Probate cases in Monroe County are managed through three courthouse locations, depending on geographic convenience:
- Key West Courthouse – 500 Whitehead Street Key West, FL 33040
- Marathon Courthouse – 3117 Overseas Highway Marathon, FL 33050
- Plantation Key Courthouse – 88820 Overseas Highway Plantation Key, FL 33070
The Monroe County Clerk of Courts will determine the appropriate courthouse based on the decedent’s last known residence.
Probate Assets
Probate Assets in Monroe County
To determine whether probate is needed, you must first assess whether the decedent left behind probate assets. These include assets solely titled in the decedent’s name and without designated beneficiaries or payable-on-death clauses.
Examples of probate assets:
- Real estate titled only in the decedent’s name
- Individual bank or investment accounts without beneficiaries
- Personal property (vehicles, jewelry, etc.)
- Business interests without succession plans
Non-probate assets—such as jointly held property, retirement accounts with named beneficiaries, or life insurance policies—generally pass outside of probate.
To verify ownership of real property in Monroe County, consult the Monroe County Property Appraiser. If the decedent is listed as the sole owner on the most recent deed, a probate proceeding will be required to transfer or sell the property.
Also, be sure to forward the decedent’s mail through the United States Postal Service to identify additional accounts or obligations that may impact probate.
Restricted Depositories in Monroe County
In formal probate cases, the Monroe County probate court may require estate funds to be deposited into a restricted depository account. These accounts are court-supervised and require judicial approval before any funds can be withdrawn.
Restricted accounts help protect the estate’s assets from misuse and ensure proper distribution in accordance with the court’s orders. A local Monroe County probate attorney can help you set up a compliant restricted depository and petition the court for fund releases.
Ancillary Probate for Non-Residents with Monroe County Property
If a non-Florida resident dies owning property in Monroe County—such as a vacation home in Key Largo, Big Pine Key, or Key West—a secondary probate proceeding, called ancillary probate, must be opened in Monroe County.
Example:
If Mark lives in Illinois but owns a condo in Islamorada, his estate must be probated in Illinois. However, to legally transfer or sell the Florida property, ancillary probate must be initiated in Monroe County.
Ancillary probate is generally required when a non-resident:
- Owns Florida real estate
- Holds a Florida timeshare
- Has property or liabilities requiring a Florida court order for resolution
If you need assistance with probate in Monroe County, Florida, contact the Florida Probate Law Firm for a free 30 minute consultation at (561) 210-5500.
Municipalities and Areas We Serve in Monroe County, FL
Florida Probate Law Firm proudly serves all cities and communities in Monroe County, including:
- Key West
- Marathon
- Key Colony Beach
- Layton
- Islamorada
- Tavernier
- Key Largo
- Big Pine Key
- Stock Island
- Summerland Key
- Duck Key
- Sugarloaf Key
- Cudjoe Key
- Little Torch Key
- Ramrod Ke
If you need assistance with probate in Miami Beach, Florida, contact the Florida Probate Law Firm for a free 30 minute consultation at (561) 210-5500.
