Overview
Volusia County is located in Florida with a population of approximately 602,772. The Volusia 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.
Simplified Procedures:
- Disposition of Personal Property without Administration: Available for very small estates to reimburse the person who paid for final expenses (funeral and medical bills from the last 60 days).
- Summary Administration: Available if the estate value is $75,000 or less (excluding exempt property) OR if the decedent has been dead for more than 2 years.
Fee Structure Notes:
Florida law provides a statutory fee schedule for attorneys and personal representatives based on the compensable value of the estate (e.g., 3% for estates between $100k and $1M), though fees can also be negotiated or based on hourly rates.
This guide provides an informational overview of the Volusia 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
Volusia County Courthouse
Probate matters in Volusia County are handled at the Volusia County Courthouse in DeLand.
Address: 101 N. Alabama Ave., DeLand, FL 32724
Phone: (386) 736-5914 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Department is located on the first floor. The Clerk of Court also has branch offices in Daytona Beach, New Smyrna Beach, and Orange City, but the main probate operations are centered in DeLand.
Parking and Access
Public parking is available in municipal lots and street parking in downtown DeLand near the courthouse. The S. James Foxman Justice Center is located at 251 North Ridgewood Avenue. 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 reimbursement of funeral/medical expenses (no specific dollar cap, but limited to 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 Volusia County Clerk of Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Petition for Administration
- Filing fee (approx. $400 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
E-filing: Florida courts require attorneys to e-file documents via the Florida Courts E-Filing Portal. Pro se litigants (representing themselves) may file in person or by mail, but e-filing is encouraged.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Notice of Administration) to the surviving spouse, beneficiaries, and other interested parties.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Volusia County (e.g., The West Volusia Beacon or Daytona Beach News-Journal) 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 (or Letters Testamentary).
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
Volusia County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional but recommended for self-represented litigants.
- Checklists: The Seventh Judicial Circuit often uses probate checklists to ensure all required documents are filed before a judge reviews the case.
- Publication: Notice must be published in a newspaper of general circulation in Volusia County, such as The West Volusia Beacon.
- Ex Parte: Many routine probate orders can be submitted via the court's proposed order system without a physical hearing.
Always check the latest administrative orders from the Seventh Judicial Circuit for specific judge requirements.
Timeline & Fees
Filing Fees (Volusia County)
- Formal Administration: approximately $400.00
- Summary Administration (>$1,000): approximately $345.00
- Summary Administration (<$1,000): approximately $235.00
- Disposition of Personal Property: approximately $231.00
- Caveat: approximately $41.00
- Publication costs: approximately $100-$300 depending on the newspaper
Note: Fees are subject to change. Check the Clerk's official fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).
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+
Factors affecting timeline include the 3-month creditor claim period and any litigation regarding the validity of the will or asset disputes.
Local Resources
Volusia County Court Resources
- Court Website: clerk.org
- Probate Division: Probate & Guardianship Info
- Florida Courts E-Filing: myflcourtaccess.com
Legal Aid and Attorney Referrals
- Volusia County Bar Association: (386) 253-9471 — Attorney referral service.
- Community Legal Services of Mid-Florida: (800) 405-1417 — Legal aid for eligible low-income residents.
- The Florida Bar Lawyer Referral: floridabar.org
Publication
- The West Volusia Beacon: (386) 734-4622 — beacononlinenews.com
- Daytona Beach News-Journal: (386) 252-1511 — news-journalonline.com