Overview
Marion County is located in Florida with a population of approximately 429,000. The Marion County Clerk of Court and 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 small 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 to request reimbursement for funeral expenses and medical bills from the decedent's assets (typically for very small estates).
Florida law requires personal representatives to be represented by an attorney in most formal probate matters. Statutory fees for attorneys and personal representatives are outlined in Florida Statutes Sections 733.617 and 733.6171, generally based on a percentage of the estate's value.
This guide provides an informational overview of the Marion 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
Marion County Clerk of Court and Comptroller
Probate matters in Marion County are handled at the Marion County Judicial Center.
Address: 110 NW 1st Ave, Ocala, FL 34475
Phone: (352) 671-5604 (Probate Division)
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
There is no designated free parking lot exclusively for the courthouse. Public parking is available at the Marion County Parking Facility located at 346 NW 2nd St, Ocala, FL. Additional street parking and public lots are available in downtown Ocala surrounding the judicial center. Visitors must pass through security screening upon entering the courthouse.
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 to reimburse funeral/medical expenses.
- Summary Administration: If the estate is valued at $75,000 or less, 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 Marion County Clerk of Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $400.00 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
Attorneys are generally required to 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 (surviving spouse, beneficiaries, etc.).
- Publish Notice to Creditors in a newspaper of general circulation in Marion County (e.g., Ocala Star-Banner) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to appoint the Personal Representative. In many uncontested cases, this can be done without a formal hearing if all documents are in order. Once appointed, 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 according to the will or state law.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Marion County-Specific Procedures
- E-Filing: Attorneys are required to file all documents electronically through the Florida Courts E-Filing Portal. Self-represented litigants may file in person or by mail, but are encouraged to use the portal.
- Checklists: The Fifth Judicial Circuit often provides checklists for probate proceedings to ensure all required documents are filed.
- Proposed Orders: Proposed orders should typically be submitted in Word format via the E-Filing Portal or as directed by the specific judge's requirements.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Marion County, such as the Ocala Star-Banner.
Always check the latest administrative orders for the Fifth Judicial Circuit for any updates to local rules.
Timeline & Fees
Filing Fees (Marion County)
- 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
- Publication costs: approximately $100-$200 depending on the newspaper
Fees are subject to change. Check the Clerk's official fee schedule for the most current amounts.
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: 12 months to 2 years or more
The creditor claim period in Florida is 3 months from the date of the first publication of the Notice to Creditors, which sets a minimum timeline for closing formal estates.
Local Resources
Marion County Court Resources
- Court Website: marioncountyclerk.org
- Probate Division: Probate Information
- Florida Courts Help: help.flcourts.gov
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — floridabar.org
- Community Legal Services: (352) 629-0105 — legalaccessforall.org
Publication
- Ocala Star-Banner: (352) 867-4010 — ocala.com
- Riverland News: (352) 489-2731 — riverlandnews.com