Overview
Flagler County is located in Florida with a population of approximately 136,700. The Circuit Court for Flagler County (Probate Division) 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 of Administration for testate estates or 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 of Personal Property without Administration: A process for very small estates to reimburse the person who paid for funeral or final medical expenses (limited to the amount of those expenses).
Florida law provides for reasonable attorney fees and personal representative fees, often based on a statutory percentage of the estate's value (e.g., roughly 3% for ordinary services on the first $1 million).
This guide provides an informational overview of the Flagler 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
Kim C. Hammond Justice Center
Probate matters in Flagler County are handled at the Kim C. Hammond Justice Center.
Address: 1769 E. Moody Blvd., Bldg 1, Bunnell, FL 32110
Phone: (386) 313-4400 (Probate Division: 386-313-4497)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Division is part of the Clerk of the Circuit Court & Comptroller's office. It is located within the main courthouse complex in Bunnell.
Parking and Access
Free public parking is available in the lots surrounding the Justice Center. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Administration: For estates valued at $75,000 or less, or if the decedent has been dead > 2 years.
- Disposition without Administration: For reimbursement of final expenses (funeral/medical) from small assets.
- 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 Circuit Court for Flagler County. Include:
- Petition for Administration
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approx. $400 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
E-filing is mandatory for attorneys and available for self-represented litigants via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Notice of Administration) to all heirs, beneficiaries, and the surviving spouse.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Flagler County (e.g., Flagler/Palm Coast News-Tribune) once a week for two consecutive weeks.
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 issues Letters of Administration, granting authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors on known creditors (3-month claim period).
- 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
Flagler County-Specific Procedures
- E-filing: The Flagler County Clerk utilizes the statewide Florida Courts E-Filing Portal.
- Bond requirements: A bond may be required for the Personal Representative unless waived by the will or the court.
- Local Court Rules: The Seventh Judicial Circuit may have specific administrative orders regarding probate; check with the Clerk for the most recent judicial assignments.
- Publication: Notice must be published in a newspaper of general circulation in Flagler County for two consecutive weeks.
Consult the Flagler County Clerk's Probate Division for specific local forms or checklists.
Timeline & Fees
Filing Fees (Flagler County)
- Formal Administration: approximately $400.00
- Summary Administration ($1,000 or less): approximately $235.00
- Summary Administration (over $1,000): approximately $345.00
- Caveat: $41.00
- Notice of Trust: $42.00
- Publication costs: approximately $100-$300 depending on the newspaper
Note: Fees are subject to change. Check the current fee schedule on the Clerk's website.
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 opening new cases; verify with the Clerk.
Estimated Timelines
- Summary Administration: 1-3 months
- Simple Formal Estates: 6-9 months
- Complex or Contested Estates: 12 months to several years
The creditor claim period (3 months from publication) is a primary factor in the timeline.
Local Resources
Flagler County Court Resources
- Court Website: flaglerclerk.gov
- Probate Division: Probate Info
- Florida Courts Help: flcourts.gov
Legal Aid and Attorney Referrals
- Flagler County Bar Association: Local attorney directory and resources.
- Community Legal Services of Mid-Florida: (386) 255-6573 — Legal aid for eligible low-income residents.
- The Florida Bar Lawyer Referral Service: floridabar.org
Publication
- Flagler/Palm Coast News-Tribune: (386) 252-1511 — Commonly used for legal notices.
- Flagler County Observer: (386) 447-9723