Florida Probate Court Records

Martin County Probate Court Records – Death Certificate Help

Martin County probate court records are public files that show how a person’s estate is handled after they die. These records include wills, petitions, court orders, and asset lists.

Anyone can look at them through the Martin County Clerk of Courts office in Stuart, Florida, or through the clerk’s online portal. The records help families, lawyers, and researchers settle estates, transfer property, and track family history.

Martin County Clerk of Courts Office

The Martin County Clerk of Courts is the main office that keeps all probate records for the county. This office files new cases, stores old case files, and issues copies of court papers. The clerk’s office also handles marriage licenses, real estate records, and other public documents, but probate cases are a major part of its daily work.

Location and Contact Details

The clerk’s main office sits in downtown Stuart on the Treasure Coast. The building is the Martin County Courthouse, and it is easy to reach from all parts of the county.

  • Office: Martin County Clerk of Courts
  • Address: 100 East Ocean Boulevard, Stuart, FL 34994
  • Phone: (772) 288-5576
  • Website: https://www.martinclerk.com/
  • Hours: Monday through Friday, 8:00 AM to 5:00 PM

Office Hours and Services

The clerk’s office opens at 8:00 AM and closes at 5:00 PM on regular business days. The office closes on state and federal holidays. During open hours, you can file new probate paperwork, request copies of old records, pay filing fees, and ask questions about case status. You can also reach the clerk by phone or through the website if you cannot visit in person.

Florida Court Clerks Find a Clerk page listing Martin County probate court contact information in Stuart

How to Search Probate Records Online

Most Martin County probate records are available online through the clerk’s website. The online portal lets you search from home at any time of day. You do not need an account to search, and there is no fee to look at basic case details.

Online Portal Access

The portal is at https://www.martinclerk.com/. Once you reach the site, look for the court records search tool. The tool covers probate cases along with civil, criminal, and traffic cases. Probate cases are filed under the case type code “CP” for probate, or “PR” for older files. The portal shows the case number, the decedent’s name, the personal representative, and the filing dates.

Search by Name, Case Number, or Date

You can search probate records three main ways. Each way helps you find a case when you know at least one piece of key data. If you only know the decedent’s last name, the name search is your best option. If you have the case number, that search brings up the file right away. If you know roughly when the case was filed, a date range search narrows the results fast.

  • Name search: type the last name and first name of the decedent
  • Case number search: enter the full case number like 2024-CP-000123
  • Date search: pick a start and end date to see all cases filed in that window

Search results show the case style, which lists the decedent’s name. They also show the judge assigned, the case status, and a list of filed documents. Click on a case to see the full docket, which is a list of every paper filed in the case. Many docket entries have a small image link next to them that opens a scanned copy of the actual document.

Florida Court Clerks probate records access information page with guidance for Martin County residents

Types of Probate Cases in Martin County

Florida law gives three paths for handling an estate. Martin County courts handle all three through the 19th Judicial Circuit. The right path depends on how much the estate is worth, when the person died, and what kind of property is in the estate. The clerk’s office can tell you which path fits your case.

Formal Administration

Formal administration is the standard process for estates worth more than $75,000. A Florida-licensed attorney must represent the personal representative. The steps are filing a petition to open the estate, publishing notice to creditors, filing an inventory of assets, paying debts, and distributing what remains under court approval. The process can take six months to over a year. Florida Statutes Chapter 733 covers the full rules for formal administration.

Summary Administration

Summary administration is for smaller estates or older cases. The estate’s non-exempt value must be $75,000 or less, or the decedent must have been dead for two or more years. No personal representative is appointed. The court issues a summary order that transfers assets. This path is faster and cheaper than formal administration. Florida Statutes Chapter 735 sets the rules.

Disposition Without Administration

Disposition without administration applies when the estate has no real property and the non-exempt assets do not exceed $6,000. There is no formal court hearing. The clerk signs a letter that allows direct asset transfers. This is the quickest and lowest-cost option. Many small bank accounts and final paychecks pass through this path.

The 19th Judicial Circuit

Martin County sits inside the 19th Judicial Circuit of Florida. The circuit covers four counties along the Treasure Coast. Circuit judges handle probate, guardianship, and trust matters for all four counties. Most probate hearings for Martin County take place at the Stuart courthouse, but judges travel between the counties as needed.

Circuit Coverage

The 19th Circuit includes Indian River, Martin, Okeechobee, and St. Lucie counties. Martin County is the second-most populated county in the circuit. The circuit serves a mix of coastal towns and rural inland areas, which means the estates it handles range from small homesteads to large retirement accounts with multiple properties.

Probate Court Judges and Divisions

The 19th Circuit has judges assigned to the probate division. These judges handle wills, trusts, guardianships, and estate disputes. Each judge rotates through cases based on filing date. The clerk’s office can tell you which judge is assigned to a specific case. You can also check the judge’s name through the online portal.

What Probate Records Include

A typical Martin County estate file contains many different documents. Each document plays a role in the case. The clerk’s office keeps all of these on file, and most are available to the public for viewing or copying.

Standard Documents in an Estate File

The petition to open the estate is the first paper filed. The will, if one exists, is filed along with the petition. The court then issues letters of administration, which name the personal representative. An inventory lists all assets the decedent owned at death. Creditor claims, receipts, and the final order closing the estate round out the file.

  • Petition to open the estate
  • Last will and testament (if admitted)
  • Letters of administration
  • Inventory of assets
  • Creditor claims and notices
  • Final accounting
  • Order closing the estate

Certified vs Plain Copies

Plain copies are paper prints of the documents. They work for personal use and for genealogy research. Certified copies carry the court’s official seal and a clerk’s signature. Banks, title companies, and brokerage firms ask for certified copies when they transfer estate assets. The clerk’s office charges more for certified copies than for plain ones.

Fees and Copy Costs

The Martin County Clerk of Courts sets the fees for probate record copies. Fees can change each year, so call the clerk at (772) 288-5576 to confirm the current rate before placing a large order. Most fees are set under Florida Statutes, but local surcharges may apply.

Standard Copy Fees

Standard per-page copies are the lowest-cost option. The clerk charges a set fee for each page printed. This option works for genealogy research and for personal records. The fee covers the cost of paper, toner, and staff time to pull and copy the file.

Certified Copy Fees

Certified copies cost more than plain copies. The fee covers the cost of the court seal, the clerk’s certification, and the staff time to verify the copy. Banks and financial institutions will not accept a plain copy when a certified one is required by law. Plan ahead so you do not have to make a second trip to the office.

Florida Death Certificates and Probate

Florida death certificates are key papers in any probate case. The personal representative must file a certified death certificate with the court to open the estate. Banks, brokerage firms, and life insurance companies also ask for certified death certificates before they release assets to the estate.

Florida Bureau of Vital Statistics

The Florida Bureau of Vital Statistics keeps all Florida death records on file. The bureau is part of the Florida Department of Health. You can order a certified death certificate from the bureau by mail, online, or in person. The bureau keeps records for the whole state, no matter which county the death happened in.

How Death Records Connect to Probate

Probate courts ask for a certified death certificate to prove the decedent is actually dead. The certificate lists the date, place, and cause of death, along with the decedent’s full legal name. Without this paper, the court cannot open a probate case. Once the case is open, the same death certificate helps the personal representative collect bank accounts, sell real estate, and settle insurance claims.

Martin County Cities and Communities

Martin County has a small number of cities and towns, and all probate cases for the county are filed through the clerk’s office in Stuart. The clerk does not maintain separate offices for each community. No matter where the decedent lived in Martin County, the case goes to the Stuart courthouse.

  • Stuart: county seat and largest city, population about 17,000
  • Hobe Sound: coastal community in the south part of the county
  • Jensen Beach: beach town along the Indian River Lagoon
  • Palm City: residential community west of Stuart
  • Sewall’s Point: small town on a peninsula in the lagoon
  • Indiantown: inland community in the western part of the county

Nearby Counties and Records Access

Several counties border Martin County, and each one runs its own clerk’s office with its own probate records. If you are unsure whether a case was filed in Martin County or a nearby county, check the address of the decedent at the time of death. The case was filed in the county where the decedent lived, not where they died.

  • St. Lucie County: shares the 19th Judicial Circuit with Martin County
  • Indian River County: also part of the 19th Circuit
  • Okeechobee County: part of the 19th Circuit, inland from Martin
  • Palm Beach County: south of Martin County, part of the 15th Circuit
  • Glades County: west of Martin County, part of the 20th Circuit

Florida’s probate law applies the same way in every county. The main statutes are Chapters 731 through 735 of the Florida Statutes. These chapters cover formal administration, summary administration, and disposition without administration. Anyone handling an estate in Martin County should review these statutes or talk to a lawyer who knows them well.

Florida Statutes for Probate

Chapter 731 covers general probate rules. Chapter 732 covers the rights of surviving spouses, heirs, and creditors. Chapter 733 covers formal administration. Chapter 735 covers summary administration and disposition without administration. The full text of each chapter is free to read on the Florida Legislature’s website.

Low-cost legal help is available for Martin County residents. Legal Aid Society of the Palm Beaches and Florida Rural Legal Services both serve the Treasure Coast area. The Florida Bar’s Lawyer Referral Service can also connect you with a probate attorney who handles cases in the 19th Circuit. Stuart has many local attorneys who focus on estate planning and probate.

Death Records and Genealogy Research

Florida death records are a goldmine for people tracing their family trees. Martin County probate records pair well with death certificates to build a full family history. Researchers can use the clerk’s portal to find estate files and then request death certificates from the state to confirm dates and places.

Death Records for Family History

Death records show the decedent’s full name, date of birth, date of death, and city of residence. Older records may also list parents’ names and the cause of death. Florida death records go back to 1877 for some counties, but Martin County records start with the county’s founding in 1925. Older records are on file with the state bureau.

How to Request Older Death Records

The Florida Bureau of Vital Statistics keeps older death records. You can order copies online, by mail, or in person. The bureau charges a fee for each certified copy. For genealogy research, plain copies work fine and cost less. Plan for a few weeks of processing time if you order by mail.

Contact Details and Location

For in-person visits, the Martin County Clerk of Courts office is in the county courthouse in downtown Stuart. The building sits on East Ocean Boulevard, one block from the Stuart waterfront. Free parking is available behind the courthouse. Bring a photo ID and your case details when you visit.

Address: 100 East Ocean Boulevard, Stuart, FL 34994

Phone: (772) 288-5576

Website: https://www.martinclerk.com/

Hours: Monday through Friday, 8:00 AM to 5:00 PM

Frequently Asked Questions

These questions cover the most common things people ask about Martin County probate court records. Each answer gives you a clear starting point for the next step in your search. The clerk’s office is the best source for case-specific details, so call the office if your question is not covered below.

How do I find a probate case in Martin County?

Use the online portal at https://www.martinclerk.com/ to search for the case by the decedent’s last name. You can also search by case number or by filing date range. The portal is free to use, and most cases from 1990 forward are available. For older cases, call the clerk’s office at (772) 288-5576 to ask about archive access.

Can anyone look at Martin County probate records?

Yes, probate records are public in Florida. Martin County follows the same public records law as the rest of the state. Anyone can view the case docket, read the documents, and request copies. Sealed cases, such as those involving minors or sealed wills, are the only files that are not open to the public.

What does it cost to get a certified copy of a probate document?

The clerk’s office charges a fee for each certified copy. The fee covers the cost of the court seal, the certification, and staff time. Fees can change each year, so call (772) 288-5576 to confirm the current rate. Plain copies cost less than certified copies and work for personal use.

How do I get a Florida death certificate for probate court?

Order a certified death certificate from the Florida Bureau of Vital Statistics. You can order online, by mail, or in person at the county health department. The bureau charges a fee for each certified copy. Most probate courts ask for a certified copy that was issued within the last six months.

Do I need a lawyer to file probate in Martin County?

Florida law requires a Florida-licensed attorney for formal administration. Summary administration and disposition without administration do not always require a lawyer, but most people still hire one. The clerk’s office has self-help forms on its website, but a lawyer can save you time and mistakes.

How long does probate take in Martin County?

Formal administration usually takes six months to over a year. Summary administration takes two to four months in most cases. Disposition without administration takes just a few weeks. The time depends on the size of the estate, the number of creditors, and whether any family members contest the case.

Can I search Florida death records for free?

Yes, the Florida Bureau of Vital Statistics has a free death index you can search online. The index shows the decedent’s name, year of death, and county of death. It does not show the full certificate. To see the full certificate, you need to order a certified or plain copy from the bureau for a fee.