Overview
Santa Rosa County is located in Florida with a population of approximately 207,653. The Santa Rosa County Clerk of the Circuit Court & 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 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, most notably Summary Administration for estates valued at $75,000 or less (or if the decedent has been dead for more than two years), and Disposition of Personal Property Without Administration for very small estates consisting primarily of exempt personal property and medical/funeral expenses.
Florida law provides a statutory fee schedule for attorneys and personal representatives based on the compensable value of the estate (e.g., 3% for the first $1 million).
This guide provides an informational overview of the Santa Rosa 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
Santa Rosa County Judicial Center
Probate matters in Santa Rosa County are handled at the Santa Rosa County Judicial Center.
Address: 4025 Avalon Blvd, Milton, FL 32583
Phone: (850) 981-5554 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of the Circuit Court & Comptroller serves as the ex-officio clerk to the probate court. The Probate Division is responsible for maintaining files on estates, wills, and guardianships.
Parking and Access
Free on-site parking is available at the Judicial Center complex. The facility is fully accessible, with designated parking spaces and ramps for visitors with disabilities. Security screening is required upon entry.
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 consist mainly of exempt personal property and do not exceed the sum of funeral and medical expenses.
- Summary Administration: Available if the estate's non-exempt assets are valued at $75,000 or less, or if the decedent has been dead for more than two 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 Santa Rosa County Clerk of Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Petition for Administration
- Oath of Personal Representative
- Designation and Acceptance of Resident Agent
- Filing fee (approximately $400 for formal administration)
Attorneys are 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 the surviving spouse, beneficiaries, and other interested parties.
- Publish Notice to Creditors in a newspaper of general circulation in Santa Rosa County (e.g., Santa Rosa Press Gazette or Navarre Press) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors.
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 (or Letters Testamentary).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and wait for the 3-month creditor claim period to expire.
- Inventory and appraise all estate assets within 60 days of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute remaining assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Santa Rosa County-Specific Procedures
- E-Filing: Attorneys must file all documents electronically through the Florida Courts E-Filing Portal. Pro se litigants (representing themselves) may file in person at the Clerk's office.
- Local Forms: The Clerk provides specific packets for "Disposition of Personal Property Without Administration" which can be helpful for very small estates.
- Publication: Notice to Creditors must be published in a county-approved newspaper such as the Santa Rosa Press Gazette or Navarre Press. Proof of publication must be filed with the court.
- Bond: The court may require a bond for the Personal Representative unless waived by the will or by all beneficiaries.
Timeline & Fees
Filing Fees (Santa Rosa County)
- Formal Administration: approximately $400
- Summary Administration: approximately $235 - $345 (depending on estate value)
- Disposition of Personal Property: approximately $231
- Caveat: approximately $41
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$300 depending on the newspaper
Note: Fees are subject to change. Check the Clerk's current fee schedule.
Statutory Fees
Florida law (F.S. 733.6171) provides a schedule for reasonable attorney fees:
- $1,500 for estates up to $40,000
- $2,250 for estates $40,000 - $70,000
- $3,000 for estates $70,000 - $100,000
- 3% of value for estates $100,000 - $1 million
- 2.5% of value for estates $1 million - $5 million
Payment Methods
The Clerk accepts cash, checks, money orders, and credit cards (Visa, MasterCard, American Express, Discover). A service fee applies to credit card transactions (typically 3.5%).
Estimated Timelines
- Summary Administration: 2-4 months
- Simple Formal Administration: 6-9 months
- Complex or Contested Estates: 12 months to 2+ years
Factors affecting timeline include the 3-month creditor claim period, tax return processing, and any litigation regarding the validity of the will or claims.
Local Resources
Santa Rosa County Court Resources
- Clerk of Court Website: santarosaclerk.com
- Probate Forms: santarosaclerk.com/links/online-forms/probate/
- Florida Courts Help: help.flcourts.gov
Legal Aid and Attorney Referrals
- Escambia-Santa Rosa Bar Association: (850) 434-8135 — Lawyer Referral Service
- Legal Services of North Florida: (850) 432-8222 — Legal Aid
- The Florida Bar: floridabar.org
Publication
- Santa Rosa Press Gazette: (850) 623-2120 — srpressgazette.com
- Navarre Press: (850) 939-8040 — navarrepress.com