Overview
Dixie County is located in Florida with a population of approximately 17,600. The Dixie County Clerk of Court & Comptroller 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 value is $75,000 or less, or if the decedent has been dead for more than two years.
* Disposition Without Administration: A process to reimburse the person who paid for the decedent's final expenses (funeral and medical bills) from the estate's liquid assets, provided no real property is involved.
Florida law generally requires a personal representative to be represented by an attorney for Formal Administration. Statutory attorney fees are set by Florida Statute 733.6171, though fees can be negotiated.
This guide provides an informational overview of the Dixie 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
Dixie County Clerk of Court & Comptroller
Probate matters in Dixie County are handled at the Dixie County Courthouse.
Address: 214 NE Highway 351, Cross City, FL 32628
Phone: (352) 498-1200 (Probate Department)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Clerk's office is located in the main courthouse building in Cross City. The Probate Department accepts filings for Formal Administration, Summary Administration, and Disposition Without Administration.
Parking and Access
Free parking is generally available around the courthouse square and in adjacent lots. The building is accessible to persons with disabilities.
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 (excluding exempt property) or the decedent has been dead for >2 years.
- Disposition Without Administration: For very small estates consisting only of personal property, primarily to reimburse funeral/medical expenses.
- 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 Dixie County Clerk of Court. Include:
- Petition for Administration
- Original Last Will and Testament (if any)
- Certified Death Certificate
- Filing fee (typically ~$400 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
Florida requires e-filing for attorneys. Self-represented litigants may file in person or by mail, though hiring an attorney is highly recommended and often required by Florida law for formal estates.
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 Dixie County (e.g., Dixie County Advocate) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors.
Step 4: Attend the Hearing
The court may schedule a hearing to appoint the Personal Representative. If the petition is in order and uncontested, the judge will issue Letters of Administration (or Letters Testamentary), granting the authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Secure estate assets and open an estate bank account.
- Publish notice to creditors (if not already done) and wait for the 3-month creditor claim period to expire.
- Inventory and appraise assets within 60 days of appointment.
- Pay valid debts, taxes, and administrative expenses.
- Distribute remaining assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Dixie County-Specific Procedures
- E-Filing: Attorneys are required to file documents electronically via the Florida Courts E-Filing Portal.
- Attorney Requirement: Florida Probate Rule 5.030 generally requires that every guardian and personal representative be represented by an attorney admitted to practice in Florida, unless the personal representative is the sole interested person.
- Publication: Notice to Creditors must be published in a local newspaper such as the Dixie County Advocate.
- Local Forms: While the Clerk may provide packets for "Disposition Without Administration," most formal probate forms are drafted by attorneys or found on the Florida Bar website.
Always check with the Clerk's office for the most current local administrative orders.
Timeline & Fees
Filing Fees (Dixie County)
- Formal Administration: approximately $400
- Summary Administration: approximately $235 - $345 (depending on estate value)
- Disposition Without Administration: approximately $231 - $235
- Caveat: approximately $41
- Publication costs: approximately $100-$200 (paid directly to the newspaper)
Fees are subject to change. Check the Dixie County Clerk's fee schedule.
Payment Methods
The Clerk accepts cash, cashier's checks, money orders, and credit cards (with a service fee). Personal checks may not be accepted for new case filings—verify with the clerk.
Estimated Timelines
- Summary Administration: 1-3 months
- Simple Formal Estates: 6-9 months
- Complex or Contested Estates: 12 months to 2 years or more
The creditor claim period (3 months from publication) is a mandatory waiting period in formal administration that affects the timeline.
Local Resources
Dixie County Court Resources
- Court Website: dixieclerk.com
- Florida Courts: flcourts.org
- Florida Bar Consumer Info: floridabar.org/public/consumer/pamphlet026
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — floridabar.org
- Three Rivers Legal Services: (352) 372-0519 — trls.org (Serving Dixie and surrounding counties)
Publication
- Dixie County Advocate: (352) 498-3300 — dcadvocate.net