Overview
Hernando County is located in Florida with a population of approximately 218,150. The Hernando County Clerk of Circuit Court & Comptroller, 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 Testamentary for testate estates or Letters of Administration for intestate estates.
Florida offers simplified procedures for smaller estates, including Summary Administration for estates valued at $75,000 or less (or where the decedent has been dead for more than two years), and Disposition of Personal Property Without Administration for very small estates with assets not exceeding $5,000 (excluding real property) consisting primarily of exempt property and reimbursement for funeral/medical expenses.
Florida law generally requires a personal representative to be represented by an attorney for Formal Administration. Statutory fees for attorneys and personal representatives are outlined in Florida Statutes 733.617 and 733.6171, often based on a percentage of the estate's value.
This guide provides an informational overview of the Hernando 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
Hernando County Clerk of Circuit Court & Comptroller
Probate matters in Hernando County are handled at the Hernando County Courthouse.
Address: 20 N. Main Street, Brooksville, FL 34601
Phone: (352) 540-6366 (Probate Division, Room 165)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is responsible for maintaining the files and records of the probate court. They process wills, estate administrations, and guardianship cases.
Parking and Access
Free parking is available in the public parking lot located behind the courthouse. Additional street parking may be available on nearby streets. Visitors should be prepared for security screening upon entering the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Disposition of Personal Property Without Administration: For very small estates with total assets not exceeding $5,000 (cannot be real property) consisting of exempt personal property and non-exempt property that does not exceed the amount of preferred funeral expenses and reasonable medical/hospital expenses of the last 60 days.
- Summary Administration: Available if the estate's value is $75,000 or less, or if the decedent has been dead for more than two years.
- 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 Hernando County Clerk of Court. Include:
- Petition for Administration
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (approximately $400.00)
- Oath of Personal Representative and Designation of Resident Agent
Florida attorneys must file documents electronically via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Serve Notice of Administration on interested parties, including the surviving spouse and beneficiaries.
- Publish Notice to Creditors in a newspaper of general circulation in Hernando County (e.g., Hernando Sun or Tampa Bay Times) 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 on the petition, though many uncontested matters are handled ex parte (without a hearing) if all documents are in order. If approved, the judge issues Letters of Administration (or Letters Testamentary), granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Wait for the creditor claim period to expire (3 months from first publication).
- Inventory and appraise all estate assets within 60 days of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state law.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Hernando County-Specific Procedures
- E-filing: Attorneys are required to file all documents electronically through the Florida Courts E-Filing Portal.
- Attorney Requirement: Florida law generally requires that a personal representative be represented by an attorney for Formal Administration.
- Small Estate Packets: The Clerk's office provides a packet for "Disposition of Personal Property Without Administration" for pro se filers who qualify (assets not exceeding $5,000).
- Publication: Notice to Creditors must be published in a newspaper of general circulation within Hernando County, such as the Hernando Sun.
Always check the Fifth Judicial Circuit website for the most up-to-date administrative orders and local rules.
Timeline & Fees
Filing Fees (Hernando County)
- Formal Administration: approximately $400.00
- Summary Administration: approximately $235.00 (assets <$1,000) to $345.00 (assets >$1,000)
- Disposition of Personal Property Without Administration: approximately $231.00 (fees vary based on specific recording costs)
- Caveat: approximately $41.00
- Publication costs: approximately $100-$200 depending on the newspaper
Florida statutes provide a fee schedule for attorneys and personal representatives, often presumed reasonable at around 3% of the estate value for estates up to $1 million, with different rates for larger estates.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa, MasterCard, American Express, Discover). A service fee applies to credit card transactions.
Estimated Timelines
- Simple estates (Summary Administration): 1-3 months
- Average estates (Formal Administration): 6-9 months
- Complex or contested estates: 9 months to 2 years or more
The timeline is significantly influenced by the mandatory 3-month creditor claim period which begins after the first publication of the Notice to Creditors.
Local Resources
Hernando County Court Resources
- Court Website: hernandoclerk.com
- Probate Division: Probate & Guardianship Info
- Florida Probate Forms: Florida Supreme Court Forms
Legal Aid and Attorney Referrals
- Hernando County Bar Association: (352) 754-4284 — Local bar association for attorney information.
- Community Legal Services of Mid-Florida: (800) 405-1417 — Provides free legal aid to eligible residents.
- The Florida Bar Lawyer Referral Service: floridabar.org
Publication
- Hernando Sun: (352) 675-6397 — hernandosun.com
- Tampa Bay Times: (727) 893-8111 — tampabay.com