Overview
Nassau County is located in Florida with a population of approximately 104,376. The Nassau County Clerk of Courts - 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.
Simplified Procedures:
- 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.
- Disposition of Personal Property without Administration: A procedure to reimburse a person who paid for the decedent's final expenses (funeral and medical bills) if the estate consists only of personal property exempt from creditor claims and non-exempt property that does not exceed the amount of those expenses.
Fee Structure Notes:
Florida law provides a statutory fee schedule for personal representatives and attorneys based on the compensable value of the estate (e.g., 3% for estates between $100k and $1M), though these can be negotiated or altered by the will.
This guide provides an informational overview of the Nassau 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
Nassau County Clerk of Courts - Probate Division
Probate matters in Nassau County are handled at the courthouse in Yulee.
Address: 76347 Veterans Way, Yulee, FL 32097
Phone: (904) 548-4600 (Probate Department)
Hours: Monday through Friday, 8:30 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 guardianships.
Parking and Access
Free public parking is available at the courthouse. 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 where assets are needed only to reimburse funeral/medical expenses.
- Summary Administration: If the estate is valued at $75,000 or less, or the decedent has been dead for >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 Nassau County Clerk of Courts. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Petition for Administration
- Filing fee (approx. $400 for formal administration)
- Oath of Personal Representative
Note: Florida law generally requires a personal representative to be represented by an attorney, unless they are the sole interested person or the estate is very simple. E-filing is mandatory for attorneys via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the administration to all beneficiaries, heirs, and known creditors.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Nassau County (e.g., News-Leader or Nassau County Record) 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 will issue Letters of Administration (or Letters Testamentary), granting the authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors and wait for the 3-month claim period to expire.
- Inventory and appraise all estate assets within 60 days of appointment.
- Pay valid creditor claims and taxes.
- Distribute remaining assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Nassau County-Specific Procedures
- E-filing: Attorneys are required to file documents electronically via the Florida Courts E-Filing Portal. Self-represented litigants may file in person or by mail.
- Local Forms: The Nassau County Clerk provides some specific checklists and forms for Disposition of Personal Property without Administration on their website.
- Publication: Notice to Creditors must be published in a Nassau County newspaper such as the News-Leader or Nassau County Record.
- Ex Parte: Check with the judge's judicial assistant for specific procedures regarding ex parte hearings or submission of proposed orders.
Timeline & Fees
Filing Fees (Nassau County)
- Formal Administration: approximately $400
- Summary Administration (assets > $1,000): approximately $345
- Summary Administration (assets < $1,000): approximately $235
- Disposition of Personal Property without Administration: approximately $231
- Caveat: approximately $41
- Publication costs: approximately $150-$300 depending on the newspaper
Fees are subject to change. Check the Clerk's current fee schedule.
Payment Methods
The court accepts cash, credit cards (Visa, MasterCard, Amex, Discover), checks, and money orders. A service fee applies to credit card transactions (typically 3.5%).
Estimated Timelines
- Summary Administration: 1-3 months
- Formal Administration (Simple): 6-9 months
- Complex or contested estates: 12 months to several years
The statutory creditor claim period is 3 months from the date of first publication, which sets a minimum timeline for formal administration.
Local Resources
Nassau County Court Resources
- Court Website: nassauclerk.com
- Probate Division: Probate Information
- Florida Courts Help: help.flcourts.gov
Legal Aid and Attorney Referrals
- Jacksonville Area Legal Aid (Nassau Office): (904) 261-9972 — Provides civil legal assistance to low-income residents.
- Florida Bar Lawyer Referral Service: floridabar.org/public/lrs
Publication
- News-Leader: (904) 261-3696 — fbnewsleader.com
- Nassau County Record: (904) 879-2727 — nassaucountyrecord.com