Overview
Alachua County is located in Florida with a population of approximately 291,782. The Alachua County Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Florida probate is governed by the Florida Probate Code (Chapters 731-735, Florida Statutes). The process begins with filing a Petition for Administration to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Florida offers simplified procedures for smaller estates:
- Summary Administration: Available if the estate's value (less exempt property) is under $75,000, or if the decedent has been dead for more than two years.
- Disposition of Personal Property without Administration: A process to request reimbursement for funeral and medical expenses from the decedent's assets.
Florida law requires a personal representative to be represented by an attorney in most formal administration cases.
This guide provides an informational overview of the Alachua County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Alachua County Family and Civil Justice Center
Probate matters in Alachua County are handled at the Family and Civil Justice Center.
Address: 201 East University Avenue, Gainesville, FL 32601
Phone: (352) 374-3636 (Probate Division)
Hours: Monday through Friday, 8:15 AM to 5:00 PM
The Probate Division is part of the Clerk of the Circuit Court's office. It maintains files on wills and estates and oversees the legal process of transferring assets.
Parking and Access
Public parking is available at the SW Downtown Parking Garage located at 220 SE 2nd Avenue. There is also metered street parking available in the downtown area surrounding the courthouse. Be mindful of time limits on street parking.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Administration: If the estate is valued at $75,000 or less, or the decedent has been dead for more than 2 years.
- Disposition without Administration: For reimbursement of funeral expenses and medical bills from the last 60 days of illness.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Administration with the Alachua County Circuit Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $400.00 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
Florida law generally requires an attorney to file for Formal Administration. E-filing is mandatory for attorneys via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Serve Notice of Administration on interested parties (surviving spouse, beneficiaries, etc.)
- Publish Notice to Creditors in a newspaper of general circulation in Alachua County (e.g., Alachua County Today or Gainesville Sun) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to appoint the Personal Representative. In many uncontested cases, this can be done without a hearing if all documents are in order. Once appointed, the judge issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors on known creditors
- Inventory and appraise all estate assets within 60 days of appointment
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Petition for Discharge and Final Accounting to close the estate
Local Requirements
Alachua County-Specific Procedures
- E-filing: Attorneys are required to e-file documents through the Florida Courts E-Filing Portal.
- Original Will: The original will must be deposited with the Clerk of Court within 10 days of death (if in possession).
- Checklists: The Eighth Judicial Circuit provides checklists for various probate proceedings to ensure all required documents are filed.
- Publication: Notice must be published in a newspaper of general circulation in Alachua County for two consecutive weeks.
Consult the Eighth Judicial Circuit's administrative orders for specific local rules regarding probate divisions.
Timeline & Fees
Filing Fees (Alachua County)
- Formal Administration: approximately $400.00
- Summary Administration: approximately $235.00 - $345.00 (depending on asset value)
- Disposition of Personal Property without Administration: approximately $231.00
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$300 depending on the newspaper
Florida statutes set reasonable attorney fees for probate services, often based on a percentage of the estate value (e.g., roughly 3% for estates up to $1 million), though this can vary by agreement.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a service fee).
Estimated Timelines
- Simple estates (Summary Administration): 1-2 months
- Average estates (Formal Administration): 6-12 months
- Complex or contested estates: 12 months to several years
Timelines are affected by the 3-month creditor claim period which begins after the first publication of the Notice to Creditors.
Local Resources
Alachua County Court Resources
- Court Website: alachuacounty.us/Depts/Clerk
- Probate Self-Help: circuit8.org
- Florida Courts: flcourts.gov
Legal Aid and Attorney Referrals
- Eighth Judicial Circuit Bar Association: (352) 380-0333 — Lawyer referral service
- Three Rivers Legal Services: (352) 372-0519 — Legal aid for low-income residents
- The Florida Bar Lawyer Referral: floridabar.org
Publication
- Alachua County Today: (386) 462-3355 — Local newspaper
- Gainesville Sun: (352) 374-5000 — Major daily newspaper