Overview
Union County is located in Florida with a population of approximately 15,500. The Union County Clerk of the Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Florida probate is governed by Chapters 731-735 of the 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 is 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 is available for very small estates to reimburse the person who paid for funeral expenses and final medical bills.
Florida law provides for reasonable attorney and personal representative fees. For personal representatives, statutory fees are 3% for the first $1 million of the estate's value, with decreasing percentages for larger amounts (Fla. Stat. § 733.617).
This guide provides an informational overview of the Union 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
Union County Courthouse
Probate matters in Union County are handled at the Union County Courthouse.
Address: 55 West Main Street, Lake Butler, FL 32054
Phone: (386) 496-3711 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk of the Circuit Court & Comptroller's office accepts all probate filings and maintains estate records.
Parking and Access
Public parking is generally available around the courthouse square and on adjacent streets in Lake Butler.
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 only of personal property (exempt from creditors) that does not exceed the sum of funeral expenses and medical bills for the last 60 days of illness.
- 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 Union County Clerk of Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($400.00 for Formal Administration)
- Oath of Personal Representative and Designation of Resident Agent
E-filing is mandatory for attorneys in Florida 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:
- Mail notice of the hearing (Formal Notice) to all heirs, beneficiaries, and interested parties.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Union County, such as the Union County 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) upon review of the documents. 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 within 3 months of publication.
- Inventory and appraise all estate assets within 60 days of issuance of Letters.
- Pay valid creditor claims and object to invalid ones.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and Petition for Discharge to close the estate.
Local Requirements
Union County-Specific Procedures
- E-filing: Attorneys must e-file. Self-represented litigants can file paper documents at the Clerk's office.
- Bond requirements: The court may require a bond for the personal representative, especially if they are not a resident of Florida or if the will does not waive the bond.
- Local court rules: Union County is part of the 8th Judicial Circuit. Check the 8th Circuit's administrative orders for specific probate protocols.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Union County, typically the Union County Times.
Always check with the Clerk's office for the most current local forms and checklists.
Timeline & Fees
Filing Fees (Union County)
- Formal Administration: $400.00
- Summary Administration (assets > $1,000): $345.00
- Summary Administration (assets < $1,000): $235.00
- Disposition of Personal Property without Administration: $231.00
- Caveat / Notice of Trust: $41.00
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$300 depending on the newspaper
Florida statutes provide a fee schedule for personal representatives (executors) and attorneys, typically starting at 3% of the probate estate value.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a service fee). Checks should be made payable to "Clerk of Court".
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 (3 months from publication) sets a minimum timeline for formal administration.
Local Resources
Union County Court Resources
- Court Website: unionclerk.com
- Probate Self-Help: Florida Courts Help
- 8th Judicial Circuit: circuit8.org
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — floridabar.org
- Three Rivers Legal Services: (352) 372-0519 — Provides legal help to low-income residents in Union County.
Publication
- Union County Times: (386) 496-2261 — Official newspaper for legal notices in Union County.