Overview
Liberty County is located in Florida with a population of approximately 7,955. The Liberty 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 is $75,000 or less (excluding exempt property) 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 expenses and medical bills from the decedent's assets, available for very small estates consisting primarily of exempt personal property.
Florida law requires personal representatives to be represented by an attorney in most formal probate matters. Statutory attorney fees are set by Florida Statute 733.6171, generally starting at roughly 3% of the estate value for estates up to $1 million, though fees can be negotiated or determined by the court.
This guide provides an informational overview of the Liberty 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
Liberty County Courthouse
Probate matters in Liberty County are handled at the Liberty County Courthouse.
Address: 10818 NW SR 20, Bristol, FL 32321
Mailing Address: P.O. Box 399, Bristol, FL 32321
Phone: (850) 643-2215 (Clerk of Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of the Circuit Court & County Comptroller, currently Jace Ford, oversees probate filings. The probate department is located within the main courthouse building.
Parking and Access
Free public parking is generally available around the courthouse in Bristol. Visitors should be prepared for 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: If the estate is valued at $75,000 or less, or the decedent has been dead for >2 years.
- Disposition without Administration: For reimbursement of funeral/medical expenses from a very small estate.
- 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 Liberty 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
Attorneys must file documents electronically via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (Formal Notice) to all heirs, beneficiaries, and interested parties.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Liberty County, such as The Calhoun-Liberty Journal, once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition. In many uncontested cases, if all documents are in order, the judge may sign orders without a formal hearing. If approved, the court issues Letters of Administration (or Letters Testamentary).
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 estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Liberty County-Specific Procedures
- E-filing: Attorneys are required to e-file documents through the Florida Courts E-Filing Portal. Self-represented litigants may file in person or by mail.
- Local Rules: Check with the Clerk's office for any specific judge's requirements regarding proposed orders (often submitted in Word format via the portal or email).
- Publication: Notice to Creditors is typically published in The Calhoun-Liberty Journal.
- Exempt Property: Florida has strong homestead and exempt property protections (e.g., two motor vehicles) that must be petitioned for separately.
Timeline & Fees
Filing Fees (Liberty County)
Fees are subject to change. Contact the Clerk to verify.
- 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
- Caveat: approximately $41.00
- Certified copies: approximately $1.00 per page + $2.00 for certification
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 Administration: 6-9 months (due to the 3-month creditor period)
- Complex or contested estates: 12 months to several years
The mandatory 3-month creditor claim period (after publication) sets a minimum baseline for formal administration.
Local Resources
Liberty County Court Resources
- Clerk of Court Website: libertyclerk.com
- Florida Courts E-Filing Portal: myflcourtaccess.com
- Florida Courts: flcourts.gov
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: floridabar.org
- Legal Services of North Florida: (850) 385-9007 — Provides legal assistance to eligible low-income residents.
Publication
- The Calhoun-Liberty Journal: (850) 643-3333 — cljnews.com