Lee County Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Lee County — Fort Myers, Cape Coral, Bonita Springs, Estero, Lehigh Acres, and the Sanibel and Pine Island barrier-island communities — has one of Florida's larger and faster-growing populations. The county's estate matters span the full range, from working-class Lehigh Acres to high-net-worth Sanibel and Captiva property, with substantial recent attention to property and insurance recovery questions following Hurricane Ian.
Yergey & Yergey, P.A. represents Lee County clients in probate, estate planning, guardianship, trust administration, and litigation matters. The firm has appeared in the Twentieth Judicial Circuit.
Lee County estates over the past several years frequently involve circumstances tied to Hurricane Ian's impact: property damage and insurance proceeds that became part of the decedent's estate, contested insurance settlements that survive into probate, and properties whose title or recovery status was still in flux at death. These add a layer of complexity to administration that wasn't typically present in earlier Lee County matters.
Probate Court Information
Lee County probate matters are filed in the Lee County Circuit Court — Probate Division at the Justice Center in Fort Myers.
Lee County is in the Twentieth Judicial Circuit of Florida (alongside Charlotte, Collier, Glades, and Hendry counties). The Twentieth Circuit applies the Florida Probate Code statewide, but the Lee County Probate Division operates with its own scheduling and division-assignment conventions, separate from the Naples-based Collier practice.
- Summary Administration (Fla. Stat. § 735.201)
- Formal Administration (Fla. Stat. Ch. 733)
- Ancillary Administration (Fla. Stat. § 734.102) — frequently relevant given Lee's substantial out-of-state owner population
- Trust proceedings under Fla. Stat. Ch. 736
- Guardianship under Fla. Stat. Ch. 744
Approximately 175 miles from our Orlando office at 910 N. Fern Creek Avenue — typically 2.5 to 3 hours via the Florida Turnpike and I-75. Procedural matters can frequently proceed without travel; the firm appears in Fort Myers when court presence is required.
Lee-specific note on post-Ian considerations: Hurricane Ian (September 2022) substantially changed the asset profile of many Lee County estates. Insurance recovery — particularly contested claims involving wind versus flood, Citizens Insurance assignments, and matched-set / matching-materials disputes — frequently outlasts the policyholder. When the named insured dies before the recovery is complete, the claim becomes an estate asset that the personal representative must manage. Lee estates opened in 2023 and later often involve these considerations.
How We Serve Lee County Clients
Probate in the Twentieth Circuit
Lee County Summary and Formal Administration at the Fort Myers Justice Center. Contested probate, including will contests under Fla. Stat. § 733.109 and removal of personal representatives under Fla. Stat. § 733.506.
Estate Planning for Lee County Families
Wills, revocable and irrevocable trusts, special needs trusts, durable powers of attorney, living wills, and healthcare surrogate designations — drafted with attention to multi-state considerations and to property held in barrier-island communities subject to particular insurance and rebuilding-cost realities.
Guardianship
Emergency Temporary Guardianship petitions, plenary and limited guardianship, contested guardianship, guardian advocacy, and annual accountings filed in the Lee County Probate Division.
Trust Administration
Successor-trustee guidance and beneficiary representation in trustee breach proceedings under Fla. Stat. § 736.0802 and § 736.0813.
Mediation
Florida Supreme Court Certified Circuit Court Mediation for Lee County probate, trust, and guardianship disputes.
What to Bring to Your First Consultation
For a probate matter (Lee County)
- Certified copy of the death certificate
- Original will, if one exists, and any trust documents
- Decedent's residence address at death
- Preliminary asset inventory, including Lee County real property and any pending insurance claims tied to Hurricane Ian or other named storms
- Status of any property that was undergoing repair or rebuilding at death
- Names and contact information for all beneficiaries, including out-of-state heirs (common in Lee County estates)
For an estate planning consultation
- Existing estate planning documents
- Property inventory, including any properties in barrier-island or coastal communities
- Current homeowner's insurance, flood insurance, and umbrella policy summaries
- Names of intended fiduciaries
- Family structure, including any out-of-state beneficiaries
Ready to speak with a Lee 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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