Overview
St. Johns County is located in Florida with a population of approximately 335,000. The Circuit Court for St. Johns County, 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 of Administration to the appointed representative.
Summary Administration is available for estates valued at $75,000 or less, or if the decedent has been dead for more than two years. Disposition of Personal Property without Administration is available for very small estates to reimburse the person who paid for funeral or final medical expenses.
Note: Florida law generally requires a personal representative to be represented by an attorney for Formal Administration.
This guide provides an informational overview of the St. Johns 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
St. Johns County Clerk of the Circuit Court and Comptroller
Probate matters in St. Johns County are handled at the Richard O. Watson Judicial Center.
Address: 4010 Lewis Speedway, St. Augustine, FL 32084
Phone: (904) 819-3600 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Department is part of the Clerk of the Circuit Court's office. They maintain all files regarding wills and estates.
Parking and Access
Free public parking is available in the lot in front of the Judicial Center. All visitors must pass through security screening 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 consisting chiefly of exempt personal property, intended to reimburse those who paid funeral/medical expenses.
- 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 Circuit Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Petition for Administration
- Oath of Personal Representative
- Designation of Resident Agent
- Filing fee (approx. $400.00)
Florida Courts E-Filing Portal is mandatory for attorneys and available for self-represented litigants.
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 St. Johns County (e.g., The St. Augustine Record) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors.
Step 4: Attend the Hearing
Many probate matters in St. Johns County are handled ex parte (without a hearing) if documents are in order. If a hearing is required, the judge will review the petition. Upon approval, the court issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Collect and inventory estate assets (Inventory due 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
St. Johns County-Specific Procedures
- Attorney Requirement: Florida Probate Rule 5.030 generally requires that every personal representative be represented by an attorney admitted to practice in Florida, unless the personal representative is the sole interested person.
- E-Filing: The St. Johns County Clerk utilizes the statewide Florida Courts E-Filing Portal.
- Publication: Notice to Creditors must be published in a newspaper of general circulation within the county, such as The St. Augustine Record or Jacksonville Daily Record.
- Ex Parte: Many routine petitions can be submitted to the judge's office for review without a formal court appearance if all consents and waivers are filed.
Timeline & Fees
Filing Fees (St. Johns County)
- Formal Administration: approximately $400.00
- Summary Administration ($1,000+): approximately $345.00
- Summary Administration (<$1,000): approximately $235.00
- Disposition of Personal Property: $231.00
- Caveat: approximately $41.00
- Publication costs: approximately $100-$250 depending on the newspaper
Florida statutes set reasonable attorney and personal representative fees, often based on a percentage of the estate value (e.g., ~3% for ordinary services).
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: 1-2 months
- Simple Formal Administration: 6-9 months
- Complex or Contested Estates: 12 months to 2+ years
The creditor claim period (3 months from publication) is a primary factor in the timeline.
Local Resources
St. Johns County Court Resources
- Clerk of Court Website: stjohnsclerk.com
- Florida Courts Help: help.flcourts.gov
- Florida Bar Consumer Info: floridabar.org
Legal Aid and Attorney Referrals
- St. Johns County Bar Association: (904) 824-4394 — Local attorney directory
- St. Johns County Legal Aid: (904) 827-9921 — Assistance for low-income residents
- Florida Bar Lawyer Referral Service: floridabar.org
Publication
- The St. Augustine Record: (904) 819-3430 — staugustine.com
- Jacksonville Daily Record: (904) 356-2466 — jaxdailyrecord.com