Probate in Martin County, Florida: Selling an Inherited Home in Stuart, Palm City and Jensen Beach
Most questions families ask about probate Martin County Florida homes come down to two things: which courthouse handles the case, and which local rules follow the house. This guide, written from Port St. Lucie, walks through both for a home in Stuart, Palm City, Jensen Beach or Hobe Sound.
This guide explains how the real estate side of probate usually works in Florida. It is not legal or tax advice. Every estate is different, so confirm your next step with a Florida probate attorney and, for taxes, a CPA.
The Short Answer
The probate case is filed in the county where the owner lived, not where the house sits. A Stuart house owned by a Port St. Lucie resident is usually handled in St. Lucie County. The house itself still follows Martin County rules: its Property Appraiser, its tax bill, its sewer program and its local code office.
- Probate venue is the Florida county where the person who died was domiciled (Florida Statutes, section 733.101).
- Martin County is part of the 19th Judicial Circuit, with St. Lucie, Indian River and Okeechobee counties.
- The Martin County Clerk posts a $400 fee for formal or ancillary administration and $345 for summary administration of $1,000 or more (Martin County Clerk fee page).
- Whoever holds an original will must deposit it with the clerk within 10 days after learning of the death (Florida Statutes, section 732.901).
- Creditors generally have 3 months from first publication of the notice to creditors to file a claim (Florida Statutes, section 733.702).
- A homestead exemption kept in error can cost the back taxes plus a 50 percent penalty and 15 percent yearly interest (Florida Statutes, section 196.161).
- A home on septic must connect to an available public sewer within 365 days after written notice from the utility (Florida Statutes, section 381.00655).
In this guide
- Where the case is filed
- When the owner lived in one county and the house is in another
- What the Martin County Clerk probate division does
- How to find Martin County probate records
- Who signs the listing and the deed
- The homestead exemption after a death
- Stuart, Palm City, Jensen Beach and Hobe Sound
- Septic, sewer and Connect to Protect
- How the sale fits the court calendar
- Closing costs and when heirs get paid
- Questions for the attorney and the title company
- Frequently asked questions
Probate Martin County Florida: Where Is the Case Filed When the House Is in Stuart?
I am sorry you are dealing with this. Losing a parent or a spouse is hard enough before the paperwork starts. What follows is the order of things, so you know what comes next.
Probate is the court process that confirms who has authority over a person’s property after death and who receives it. The person the court appoints is the personal representative. Most families say “executor.” The court gives that person Letters of Administration, the proof of authority a title company asks for before the house can be sold.
Venue is the county where the court case belongs. Florida sets it by where the person who died was domiciled, meaning their permanent home (Florida Statutes, section 733.101).
So the house does not decide the courthouse. If your mother lived full time in Palm City, the case is opened with the Martin County Clerk in Stuart. If she lived in Port St. Lucie and also owned a condo on Hutchinson Island in Jensen Beach, the case usually goes to St. Lucie County, and the condo is handled inside that case.
Only when the owner had no Florida domicile does the property decide. Then the case may go to any county where the property is located. For a snowbird from Ohio who owned a Hobe Sound villa, that points to Martin County.
Either way, the judge sits in the 19th Judicial Circuit. For the general steps, see how probate home sales work in Florida.
What If Mom Lived in Port St. Lucie but the House Is in Martin County?
Many Treasure Coast families own a home in one county and a condo or rental in the next. The table shows the usual starting point. It is a map for your first call with the attorney, not a legal conclusion.
| Where the owner lived | Where the house is | Where the case usually starts | What the family should ask |
|---|---|---|---|
| Stuart, Palm City, Jensen Beach or Hobe Sound (full time) | Martin County | Martin County Clerk, Stuart | Is this home protected homestead, and who holds title after death? |
| Port St. Lucie or Fort Pierce | Martin County (second home or rental) | St. Lucie County Clerk | What does the title company need recorded in Martin County before closing? |
| Another state, house in Martin County | Martin County | Usually an ancillary case in a county where the Florida property is located | Does the estate qualify for a short-form ancillary filing? |
The ancillary row comes up often with seasonal owners. Ancillary administration is a smaller Florida case that supports the main estate opened in the owner’s home state (Florida Statutes, chapter 734). See ancillary probate for out-of-state owners.
Deeds and liens for a Stuart house are recorded in Martin County Official Records, even when the case is in St. Lucie County, so the title company checks both. Ask the closing title agent which certified court papers, if any, must be recorded in Martin County Official Records before closing; the answer depends on the title insurer.
What Does the Martin County Clerk Probate Division Actually Do?
The Martin County Clerk of the Circuit Court and Comptroller runs a Probate and Guardianship division. Its page lists probate cases, guardianship and mental health filings, with a probate line of 772-288-5539 (Martin County Clerk, Probate and Guardianship).
The page lists Clerk locations in Stuart (the courthouse), Hobe Sound and Indiantown. Hours vary, so call before driving down from Port St. Lucie.
The Clerk keeps the file, takes filings, collects fees and issues certified copies. The page states that the office cannot give legal or procedural advice, which is why most families selling a house through probate hire a Florida probate attorney.
Three Martin County details to know early
The original will goes to the Clerk. Anyone holding the original will must deposit it with the clerk of the county with venue within 10 days after learning of the death (Florida Statutes, section 732.901). The Martin County page lists a $1.00 deposit fee.
The small-estate shortcut does not cover a house. The Martin County page states that disposition without administration cannot be used when real property is involved (Florida Statutes, section 735.301).
The posted fees are slightly above the statute’s base numbers. On October 15, 2026, I compared the Martin County Clerk’s posted probate fees with the statewide maximums in Florida Statutes, section 28.2401.
| Filing | Section 28.2401 base amount | Martin County Clerk posted fee |
|---|---|---|
| Opening an estate (one document or more) | $230 | $231 |
| Summary administration, under $1,000 | $230 | $235 |
| Summary administration, $1,000 or more | $340 | $345 |
| Formal or ancillary administration | $395 | $400 |
Section 28.2401 adds a $4 service charge on summary, formal and ancillary petitions, which explains most of the gap. Attorney fees, the creditor notice publication and certified copies come on top.
How Do You Look Up Martin County Probate Records?
Searching probate Martin County Florida records starts at the Clerk’s website. The Martin County Clerk’s Records Search page says its online portal lets users “search and view court records, indexes, dockets and non-confidential document images,” and probate is one of the listed case types (Martin County Clerk, Records Search).
Search the court index
Search the name of the person who died to find the case number.
Register if you need more
Registered User access requires emailing a Registration Agreement. Notarization is required for the Attorney and Party to a Case roles.
Search Official Records for the house
Land records recorded after January 1, 1986 are indexed online. The last deed, any mortgage and any recorded lien appear here.
Order copies
Court record copies cost $1.00 per page. Certified copies cost more, and documents not viewable online must be ordered in person.
For the sale, the record that matters most is the Letters of Administration, and sometimes an order authorizing the sale. The listing agent asks for a copy early.
Who Can Sign the Listing and the Deed for an Inherited Home in Stuart?
When the will gives the personal representative a power of sale, Florida law lets that person sell real property without a court order authorizing or confirming the sale (Florida Statutes, section 733.613). When there is no power of sale, or no will at all, the personal representative may still sell if it is in the estate’s best interest, but title does not pass until the court authorizes or confirms the sale.
The general list of things a personal representative may do without a court order specifically leaves out real property (Florida Statutes, section 733.612). More in our guide on when a personal representative needs court approval to sell.
The homestead exception
Protected homestead is a home that Florida’s Constitution shields from most creditors and that passes outside the personal representative’s control. The personal representative may take possession of an empty homestead only to preserve, insure and protect it (Florida Statutes, section 733.608).
For protected homestead, ask the attorney who holds title after the death and who must sign the deed, including any surviving spouse. See who can sell homestead in probate. For a Palm City or Hobe Sound listing, that can mean several signatures, so the agent asks the attorney who signs before the listing agreement is drafted.
What Happens to the Martin County Homestead Exemption After a Death?
The Martin County Property Appraiser explains that a homestead exemption renews automatically every year “unless you notify our office that you are no longer eligible” (Martin County Property Appraiser, Homestead FAQs). If no one reports the death, the exemption can keep rolling forward on a house that no longer qualifies.
Under Florida law, when a homestead exemption was granted in error within the prior 10 years, the property owes the exempted taxes, a penalty of 50 percent of the unpaid taxes for each year, and interest of 15 percent a year (Florida Statutes, section 196.161). That lien must be paid before closing.
Why the exemption usually ends
The exemption requires title and permanent residence on January 1 of the tax year (Florida Statutes, section 196.031). A son in Atlanta who inherits a Stuart house cannot carry it forward.
The assessed value also changes. After a change of ownership, the home is reassessed at just value on the following January 1, and the Save Our Homes cap resets (Florida Statutes, section 193.155). Transfers to a surviving spouse are among the exceptions. On a Jensen Beach home owned for decades, the jump from capped value to market value can be the largest change on the next bill.
What the family can do now
- Ask the attorney who notifies the Martin County Property Appraiser of the death, and when.
- Pay the November tax bill on time. Florida gives a 4 percent discount for paying in November (Florida Statutes, section 197.162).
A surviving spouse has separate rules. Call the Martin County Property Appraiser’s office and ask how it wants the death reported and which forms, if any, it needs.
How Do Stuart, Palm City, Jensen Beach and Hobe Sound Differ for an Estate Sale?
Probate Martin County Florida rules are the same in all four communities. The houses are not. For the market side, our comparison of Stuart, Palm City and Jensen Beach goes further.
Stuart
Stuart is an incorporated city, so code questions about an empty house there go to the City of Stuart, not Martin County. Many homes in Stuart’s older neighborhoods near the St. Lucie River predate modern wind codes. Buyers’ insurers will ask about roof age and window protection, so a pre-listing plan usually starts with the 4-point and wind mitigation questions.
Palm City
Palm City is unincorporated, so Martin County government handles code and permits. Many Palm City homes sit in gated or deed-restricted communities with a homeowners association. That brings in an estoppel certificate, the association’s written statement of what is owed. Parts of Palm City are also on septic, covered next.
Jensen Beach
Jensen Beach mixes single-family homes, older riverfront cottages and condominiums, including buildings on Hutchinson Island. For an estate condo, the building’s finances and any special assessment can matter as much as the unit, and association approval of the buyer can add days to the calendar.
Hobe Sound
Hobe Sound is unincorporated and sits at the south end of Martin County, near Jupiter. Seasonal owners are common here, so the person who died may have been domiciled in another state, which points to the ancillary path. The Clerk’s Hobe Sound office can save a trip to Stuart for copies.
Does Septic to Sewer Conversion Affect an Inherited House in Martin County?
Connect to Protect is Martin County’s program to connect homes on septic systems to the county’s wastewater system, with the stated goal of protecting nearby waterways (Martin County, Connect to Protect). Neighborhoods under 300 homes get grinder stations; larger ones get a vacuum sewer system.
For grinder systems, the county states the cost drops to $8,000 from $10,000 if the owner connects within 365 days of the new force main being available. For vacuum systems, owners pay a special assessment on the annual property tax bill, spread over 20 years.
When a public sewer becomes available, the owner of a working septic system must connect within 365 days after written notice from the sewer utility (Florida Statutes, section 381.00655).
Why this matters for the estate
- A connection notice may be sitting unopened in the mail.
- A 20-year special assessment shows on the tax bill as a non-ad valorem line. The contract should say how it is handled at closing.
- A house on septic in a neighborhood scheduled for conversion is a disclosure and pricing question.
The county page does not say whether an unpaid connection cost or assessment transfers with a sale. Before listing, ask Martin County Utilities for the balance on the property, and ask the closing title agent how it will be handled at closing.
How Long Does a Probate Home Sale Take in Martin County?
Every probate Martin County Florida sale runs on two calendars: the court’s and the market’s. No one can promise a date, but the family controls the order of the work. Here is the order a listing agent usually follows, alongside the attorney’s steps.
Secure the house
Check that insurance continues, keep power and water on, and keep the lawn cut. An empty house in a Florida summer can lose value fast to mold and storms.
Attorney files, the court issues letters
The listing agent asks for a copy of the letters as soon as they issue.
Pricing analysis and pre-listing plan
A written pricing analysis plus a list of repairs, cleanout and disclosure items. The personal representative decides what gets done.
Confirm who signs
The attorney confirms the power of sale, any court order needed, and any homestead heirs who must sign.
List, contract, title work
The contract matches the estate’s authority and allows time for any court approval. The title company checks the court file and Martin County Official Records.
Closing
The personal representative, or the homestead heirs, sign. Proceeds go where the attorney directs.
Meanwhile, the notice to creditors runs on its own clock. Claims are generally barred unless filed within 3 months after first publication, or 30 days after service on a creditor who must be served, whichever is later (Florida Statutes, section 733.702). A sale can close before that period ends.
What Does the Estate Pay at Closing, and When Do Heirs Get the Money?
Documentary stamp tax on the deed is 70 cents per $100 of the price, statewide (Florida Statutes, section 201.02). On a $500,000 Palm City sale, that is $3,500. Property taxes are normally prorated with the buyer.
The estate also pays any mortgage or lien payoff, and any homestead back taxes and penalty under section 196.161.
When the money moves
The net proceeds go to the estate, or to the title holders for protected homestead, as the attorney directs. When heirs receive their share depends on the creditor period, any claims filed and the attorney’s plan. Two years after death, the estate and beneficiaries are generally not liable on claims, except claims already filed and not yet resolved, and recorded mortgages and liens are not affected (Florida Statutes, section 733.710).
See the creditor claim period before payout.
Taxes for the heirs
Inherited property generally takes a basis equal to its fair market value on the date of death (IRS Publication 551). The CPA confirms the numbers. Our guide on capital gains tax when selling a Florida home explains more. Florida has no estate tax for deaths after December 31, 2004 (Florida Department of Revenue).
What Should the Family Ask the Attorney and the Title Company?
A written list helps in the first meetings. Here is one built for probate Martin County Florida sales.
For the probate attorney
- Does the will give the personal representative a power of sale?
- Is the house protected homestead? If so, who holds title and who signs?
- Summary or formal administration, and how does that change the timeline?
- Who will notify the Martin County Property Appraiser of the death?
- When will the notice to creditors be published?
For the title company
- Which court documents do you need, and do they need to be certified?
- Does anything need to be recorded in Martin County Official Records before closing?
- Is there any open permit, code lien or special assessment on the property?
For the listing agent
- What does the written pricing analysis show, and which recent sales support it?
A listing agent in a probate sale usually coordinates with the attorney, the title company and vendors such as cleanout crews and inspectors, which helps when the personal representative lives out of state. Jeannie works in English and Spanish.
For the bigger picture across the whole Treasure Coast, start at the probate Realtor in Port St. Lucie page, which connects every guide in this series.
What Clients Say About Working With Jeannie Jacobson
“It wasn’t easy to make the decision to sell our family home that was filled with memories and love. She really went above and beyond and showed such compassion through it all. She stood by me throughout every step.”
Carmine Derrico, 11 Apr 2025, Google review
“Our experience with Jeannie was outstanding; from our community tour to house shopping and closing, Jeannie was always in communication and following up on all items. She ensured the house was ready at the time of closing and that closing went well without obstacles.”
Benjamin, Stuart, FL, June 4, 2024, Verified review
Frequently Asked Questions
Florida sets probate venue by the county where the person who died was domiciled, under section 733.101 of the Florida Statutes. A Port St. Lucie resident’s estate is usually opened in St. Lucie County, even if the house is in Stuart or Palm City. The probate attorney confirms the filing county.
The Martin County Clerk posts a filing fee of $400 for formal or ancillary administration, $345 for summary administration of $1,000 or more, and $235 for summary administration under $1,000. Attorney fees, the creditor notice and certified copies are separate, so ask the attorney for a written estimate.
The Clerk accepts filings, collects fees and issues certified copies. The Martin County Clerk’s probate page states that the office cannot provide legal or procedural advice. For a small estate without real property, staff can help with the petition. When a house is involved, most families work with a Florida probate attorney.
The exemption needs an owner who lives in the home on January 1, so it usually ends for heirs who live elsewhere. The Martin County Property Appraiser says exemptions renew automatically unless the office is told. An exemption kept in error can bring back taxes, a 50 percent penalty and 15 percent yearly interest under section 196.161.
It can. Martin County’s Connect to Protect program is moving neighborhoods from septic to sewer. Vacuum system areas carry a special assessment on the tax bill for 20 years, and Florida law requires connection within 365 days after the utility’s written notice. Ask Martin County Utilities how any cost is handled at a sale.
There is no fixed answer. The timeline depends on the will, the type of administration, whether a court order is needed and whether anyone objects. The creditor period alone runs at least 3 months from first publication of the notice to creditors. Preparing the house while the court steps move forward saves time.
A Calm Next Step for the Martin County House
Questions about probate Martin County Florida homes rarely get answered in one meeting, and you do not have to decide everything this week. Start with a written pricing analysis and a pre-listing plan for the home, and share both with the probate attorney.
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Jeannie Jacobson, REALTOR®, RE/MAX Gold, (772) 877-0268, English and Spanish
Sources
- Florida Statutes, section 733.101, Venue of probate proceedings, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.101.html (accessed October 2026)
- Florida Statutes, section 732.901, Production of wills, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.901.html (accessed October 2026)
- Florida Statutes, sections 733.608, 733.612, 733.613, 733.702 and 733.710, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.613.html (accessed October 2026)
- Florida Statutes, chapter 734, Foreign personal representatives and ancillary administration, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0734/0734.html (accessed October 2026)
- Florida Statutes, section 735.301, Disposition without administration, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/Sections/0735.301.html (accessed October 2026)
- Florida Statutes, section 28.2401, Service charges in probate and guardianship matters, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0028/Sections/0028.2401.html (accessed October 2026)
- Florida Statutes, sections 196.031, 196.161, 193.155 and 197.162, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0196/Sections/0196.161.html (accessed October 2026)
- Florida Statutes, section 381.00655, Connection of onsite sewage treatment systems to sewerage systems, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0381/Sections/0381.00655.html (accessed October 2026)
- Florida Statutes, section 201.02, Tax on deeds, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0201/Sections/0201.02.html (accessed October 2026)
- Probate and Guardianship, Martin County Clerk of the Circuit Court and Comptroller, https://www.martinclerk.com/199/Probate-Guardianship (accessed October 2026)
- Probate, Guardianship and Trust fees, Martin County Clerk of the Circuit Court and Comptroller, https://www.martinclerk.com/229/Probate-Guardianship-Trust (accessed October 2026)
- Records Search, Martin County Clerk of the Circuit Court and Comptroller, https://www.martinclerk.com/335/Records-Search (accessed October 2026)
- Homestead Exemption Frequently Asked Questions, Martin County Property Appraiser, https://www.pamartinfl.gov/homestead-exemption/homestead-exemptions-faqs (accessed October 2026)
- Connect to Protect, Martin County, https://www.martin.fl.us/ConnecttoProtect (accessed October 2026)
- Publication 551, Basis of Assets, Internal Revenue Service, https://www.irs.gov/publications/p551 (accessed October 2026)
- Estate Tax, Florida Department of Revenue, https://floridarevenue.com/taxes/taxesfees/Pages/estate_tax.aspx (accessed October 2026)