Overview
Lafayette County is located in Florida with a population of approximately 8,640. The Lafayette 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.
Summary Administration is a simplified procedure 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 is available for very small estates to reimburse the person who paid for funeral or medical expenses.
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 Lafayette 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
Lafayette County Clerk of Court & Comptroller
Probate matters in Lafayette County are handled at the Lafayette County Courthouse.
Address: 120 West Main Street, Mayo, FL 32066
Phone: (386) 294-1600 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk's office is located in the county courthouse in Mayo. The Probate Division accepts filings for formal administration, summary administration, and disposition without administration.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. 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:
- Disposition Without Administration: For very small estates consisting chiefly of exempt property and non-exempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
- Summary Administration: If the estate is valued at $75,000 or less (excluding exempt property) or the decedent has been dead for more than 2 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 Lafayette County Circuit Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $400 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
E-filing is mandatory for attorneys in Florida via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if required) and Notice of Administration to all heirs, beneficiaries, and interested parties.
- Publish Notice to Creditors in a newspaper of general circulation in Lafayette County (e.g., Riverbend News) once a week for two consecutive weeks.
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.
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 issuance of Letters
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Accounting and Petition for Discharge
Local Requirements
Lafayette County-Specific Procedures
- E-Filing: Attorneys must file documents electronically via the Florida Courts E-Filing Portal. Self-represented litigants may file in person or by mail.
- Proposed Orders: Proposed orders should often be submitted in Word format via the e-filing portal or as directed by the judge's office.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Lafayette County, such as the Riverbend News.
- Local Forms: Lafayette County generally uses standard Florida Bar probate forms.
Always check with the Clerk's office for the most current local administrative orders.
Timeline & Fees
Filing Fees (Lafayette County)
- Formal Administration: approximately $400.00
- Summary Administration: approximately $345.00
- Disposition of Personal Property without Administration: approximately $231.00
- Caveat: approximately $41.00
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$200 depending on the newspaper
Fees are subject to change. Check the Lafayette County Clerk's website for the current fee schedule.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit cards (with a service fee). Personal checks may not be accepted for new case filings.
Estimated Timelines
- Summary Administration: 1-3 months
- Simple Formal Administration: 6-9 months
- Complex or Contested Estates: 12 months to several years
Factors affecting the timeline include the 3-month creditor claim period, tax return filings, and any litigation regarding the validity of the will or creditor claims.
Local Resources
Lafayette County Court Resources
- Court Website: lafayetteclerk.com
- Florida Courts E-Filing Portal: myflcourtaccess.com
- Florida Probate Rules: floridabar.org
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — floridabar.org
- Three Rivers Legal Services: (866) 256-8091 — trls.org (Serving Lafayette and surrounding counties)
Publication
- Riverbend News: (386) 364-4141 — riverbendnews.org