Overview
Pasco County is located in Florida with a population of approximately 660,000. The Pasco County Clerk & Comptroller handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Florida probate is governed by Florida Statutes Chapters 731-735. 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 (less exempt property) is $75,000 or less, or if the decedent has been dead for more than two years. Very small estates may qualify for Disposition of Personal Property without Administration to reimburse funeral expenses and medical bills.
Florida law generally requires a personal representative to be represented by an attorney for Formal Administration. Statutory attorney fees are set by Florida Statute 733.6171, though they can be negotiated.
This guide provides an informational overview of the Pasco 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
Pasco County Clerk & Comptroller
Probate matters in Pasco County are handled at two locations. You may file at either, depending on where the decedent lived.
East Pasco Government Center (Robert D. Sumner Judicial Center)
Address: 38053 Live Oak Ave, Dade City, FL 33523
Phone: (352) 521-4542 (Probate Department)
West Pasco Judicial Center
Address: 7530 Little Road, Suite 105, New Port Richey, FL 34654-5598
Phone: (727) 847-8031 (Probate Department)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Department is part of the Clerk of the Circuit Court. All documents are filed with the Clerk, who then presents them to the presiding judge.
Parking and Access
Dade City: Free public parking is available on the south side of the building facing Live Oak Avenue.
New Port Richey: Large public parking lots are available surrounding the Judicial Center.
Security screening is required for entry at both locations. Cell phones are generally allowed but must be silenced in courtrooms.
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 the person who paid for funeral expenses and final medical bills.
- 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 Pasco County Clerk. Include:
- Petition for Administration
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Filing fee (approx. $400 for Formal, $345 for Summary >$1,000)
- Oath of Personal Representative
- Designation of Resident Agent
Note: Florida requires e-filing for attorneys via the Florida Courts E-Filing Portal. Pro se litigants may file in person or by mail.
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 Pasco County (e.g., Business Observer or Tampa Bay Times) 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 appointment.
- Pay valid creditor claims (creditor period is 3 months from publication).
- 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
Pasco County-Specific Procedures
- E-Filing: Mandatory for attorneys. Self-represented litigants may file paper documents.
- Checklists: The Sixth Judicial Circuit often uses checklists to ensure all required documents are filed before orders are signed.
- Proposed Orders: Should be submitted in Word format via the JAWS (Judicial Automated Workflow System) if represented by counsel, or as directed by the Clerk for pro se filers.
- Publication: Notice must be published in a newspaper of general circulation in Pasco County for two consecutive weeks.
Consult the Sixth Judicial Circuit Probate Information for specific administrative orders.
Timeline & Fees
Filing Fees (Pasco County)
- Formal Administration: approximately $400.00
- Summary Administration (assets > $1,000): approximately $345.00
- Summary Administration (assets < $1,000): approximately $235.00
- Disposition of Personal Property: fees vary based on value (approx. $231.00)
- Caveat: $41.00
- Notice of Trust: $41.00
Fees are subject to change. Check the Pasco Clerk Fee Schedule for the most current amounts.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa, MasterCard, Amex, Discover). A service fee applies to credit card transactions (typically 3.5%).
Estimated Timelines
- Summary Administration: 1-2 months
- Simple Formal Administration: 6-9 months
- Complex or Contested Estates: 12 months to several years
Factors affecting timeline include the 3-month creditor claim period, sale of real estate, and tax return processing.
Local Resources
Pasco County Court Resources
- Court Website: Pasco County Clerk & Comptroller
- Probate Information: Pasco Clerk Probate Dept
- Sixth Judicial Circuit: Judicial Circuit Website
Legal Aid and Attorney Referrals
- West Pasco Bar Association: (727) 848-7433 — wpba.wildapricot.org
- East Pasco Bar Association: eastpascobar.org
- Bay Area Legal Services: (800) 625-2257 — Provides civil legal aid to eligible residents.
- Florida Bar Lawyer Referral Service: (800) 342-8011
Publication
- Business Observer: (941) 906-9386 — businessobserverfl.com
- Tampa Bay Times: (727) 893-8111 — tampabay.com