Collier County Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Collier County — Naples, Marco Island, Bonita Springs, Immokalee, Golden Gate — is one of the highest-net-worth counties in Florida, and arguably the highest concentration of seasonal-resident wealth on Florida's Gulf Coast. The estate planning and probate work that arises here is correspondingly distinct: significant federal estate tax exposure is the rule rather than the exception, and many estates involve property in multiple states and complex trust structures established years before death.
Yergey & Yergey, P.A. represents Collier County families in probate, estate planning, guardianship, trust administration, and probate and trust litigation matters. The firm has appeared in the Twentieth Judicial Circuit and our managing partner has driven to Collier County for trial and hearing matters.
Collier estate work most often turns on tax. David A. Yergey III's LL.M. in Taxation (University of Alabama, 2018) brings graduate-level federal estate tax, gift tax, and generation-skipping transfer tax analysis to plans involving estates well above the federal exemption — analysis that many general probate firms refer to outside counsel.
Probate Court Information
Collier County probate matters are filed in the Collier County Circuit Court — Probate Division at the courthouse in Naples.
Collier County sits in the Twentieth Judicial Circuit of Florida (alongside Charlotte, Glades, Hendry, and Lee counties). The Twentieth Circuit has its own administrative orders and division-assignment conventions; the Naples courthouse handles a probate caseload heavily weighted toward higher-net-worth estates relative to most Florida circuits.
- Summary Administration (Fla. Stat. § 735.201) — less commonly applicable in Collier given the typical estate size
- Formal Administration (Fla. Stat. Ch. 733) — the standard procedure for most Collier estates
- Ancillary Administration (Fla. Stat. § 734.102) — frequently relevant for out-of-state decedents owning Naples or Marco Island property
- Trust proceedings under Fla. Stat. Ch. 736
- Guardianship under Fla. Stat. Ch. 744
Approximately 195 miles from our Orlando office at 910 N. Fern Creek Avenue — typically 3 to 3.5 hours via the Florida Turnpike and I-75 (Alligator Alley). Many procedural matters proceed without travel; the firm appears in Naples for hearings that require court presence.
Collier-specific note on tax planning: federal estate tax exposure is the operative consideration in most substantial Collier estates. The federal estate and gift tax exemption is scheduled for adjustments under current law, and plans drafted years ago may need revisiting in light of changes. Generation-skipping transfer tax allocation, grantor trust strategies (intentionally defective grantor trusts, GRATs, SLATs), and basis-step-up coordination are recurring topics. LL.M.-level tax analysis is genuinely applicable in this market.
How We Serve Collier County Clients
Estate Planning with Tax Focus
Wills, revocable and irrevocable trusts, GRATs, SLATs, charitable lead and remainder trusts, generation-skipping trusts, durable powers of attorney, living wills, and healthcare surrogate designations. Plans are structured with federal estate, gift, and generation-skipping tax in mind, and coordinated where appropriate with the firm's Orlando-based work for clients who hold property in both markets.
Probate Administration
Collier County Formal Administration is the typical posture, given estate sizes. We represent personal representatives and beneficiaries through the inventory, accounting, and distribution phases, with particular attention to fiduciary income tax (Form 1041), federal estate tax (Form 706) where required, and state-by-state coordination for assets outside Florida.
Trust Administration and Litigation
Many Collier estates run primarily through trust administration rather than probate, given lifetime trust planning. We guide successor trustees through Florida Trust Code duties (Fla. Stat. § 736.0801 et seq.) and represent beneficiaries when trustee performance has fallen short.
Ancillary Administration
Collier sees substantial Ancillary Administration volume (Fla. Stat. § 734.102) for out-of-state decedents whose Naples-area property must clear Florida probate to convey to heirs.
Mediation
Florida Supreme Court Certified Circuit Court Mediation for Collier County probate, trust, and guardianship disputes. Mediation is frequently preferable to trial in higher-value contested matters where confidentiality is itself valuable.
What to Bring to Your First Consultation
For a probate or trust matter (Collier County)
- Certified copy of the death certificate
- Original will and any trust documents
- Decedent's residence address at death and any second-residence states
- Preliminary asset inventory, including Collier County real property and assets in other states
- Recent gift tax returns (Form 709), if any, for federal estate tax calculation
- Names and contact information for all beneficiaries and intestate heirs
For an estate planning consultation
- Existing estate planning documents — particularly any trusts established more than 5 years ago that may warrant updating
- Recent estate tax projection or net worth summary if available
- Information on multi-state property holdings
- Family structure, including any beneficiaries in states with state estate or inheritance taxes
Ready to speak with a Collier County probate attorney?
Call (407) 843-0430 or book a consultation online.
Or text PROBATE to (407) 906-9507 for a faster response.
Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
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