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Alachua County, FL Probate Information

Quick facts

CategoryCurrent rules
CourtCircuit Court, Eighth Judicial Circuit, Alachua County; probate is a division of the Circuit Court, not a separate court
Filing officeClerk of the Circuit Court and Comptroller (J.K. "Jess" Irby, Esq.), Probate Division
CourthouseAlachua County Family and Civil Justice Center, 201 E. University Avenue, Gainesville, FL 32601
Phone(352) 374-3682 (Clerk probate department); (352) 374-3636 (Clerk switchboard); the court's Probate Case Manager can be reached at (352) 264-6991 or [email protected] for procedural and case questions, and email is preferred
Fax(352) 338-3207 (Clerk probate department); (352) 338-3201 (Clerk administration)
Email[email protected]
Office hoursMonday to Friday, 8:15 a.m. to 5:00 p.m.; closed legal holidays
Filing feeThe Clerk's published probate fee schedule (current as of January 1, 2026) totals formal administration $400.00; summary administration $345.00 for an estate of $1,000 or more, $235.00 under $1,000; disposition of personal property without administration $231.00; caveat $41.00. These county totals sit on top of the statutory service charge set by F.S. 28.2401. Depositing a will is free; a receipt for the will is $7.00
Local probate formsThe Eighth Circuit publishes probate divisional procedures, forms that self-represented parties may use, and checklists for attorneys; the Clerk's probate page links the summary administration form and checklist and provides a disposition-without-administration packet. Florida publishes no statewide self-help probate form set, and most administrations are filed by an attorney
E-filingThrough the statewide Florida Courts E-Filing Portal (myflcourtaccess.com); mandatory for attorneys, optional for self-represented filers, who may also file on paper at the Clerk's counter
Online case searchThe Clerk's online Court Records and Document Images access at alachuaclerk.org/court_records/; public, with a sign-in step, and certain case types (for example adoptions) are non-public
Remote appearanceMany Eighth Circuit probate hearings are conducted remotely by Zoom, typically routine or short non-evidentiary matters; if a hearing is noticed for Zoom, do not come to the courthouse. For a hearing set in person, a party must file a motion, showing good cause, at least 10 days in advance to attend by electronic means; contested evidentiary hearings are generally held in person
Websitehttps://www.alachuaclerk.org

Before you begin — know the assets and liabilities

Before you file anything in Alachua County, know exactly what is in the estate. Which Florida path fits depends on whether there is a will and on the value and type of the assets: formal administration under F.S. Chapter 733, summary administration under F.S. 735.201 for a smaller estate, or disposition of personal property without administration under F.S. 735.301 for a limited class of estates with no real property. The dollar thresholds that separate these paths are statewide and are explained on the Florida state page; identify the estate first so you and your attorney file the right petition once.

Identify every bank and credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, and parcel of real property, along with every debt, before you go to the Clerk. Whether the decedent's Gainesville or rural Alachua County home was homestead property matters, because Florida homestead often passes outside the probate estate and is not counted toward the summary-administration limit. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.

Which court handles jurisdiction

The Circuit Court of the Eighth Judicial Circuit serves Alachua County along with Baker, Bradford, Gilchrist, Levy, and Union counties. Within Alachua, the court covers the whole county, including Gainesville (the county seat), Alachua, Newberry, High Springs, Archer, Hawthorne, Micanopy, and the surrounding communities. Alachua probate matters are filed with the Clerk of the Circuit Court at the Alachua County Family and Civil Justice Center, 201 E. University Avenue in Gainesville, where the Probate Division is heard.

Venue for a decedent's estate is governed by F.S. 733.101. Administration is proper first in the county where the decedent was domiciled at death, then, if the decedent had no Florida domicile, in a county where the decedent's property is located, and, if the decedent had neither domicile nor property in Florida, in the county where any debtor of the decedent resides. In practice, file in Alachua County for a decedent who lived here.

The jurisdiction process

  1. Gather the documents. Collect the original signed will (if any), a certified copy of the death certificate, the proposed personal representative's contact information and photo ID, the names and addresses of the beneficiaries and other interested persons, and a list of the assets and debts with values.
  2. Choose the path based on the estate. Depending on whether there is a will and on the value and type of assets, the route may be formal administration (F.S. Chapter 733), summary administration (F.S. 735.201), or disposition of personal property without administration (F.S. 735.301). The governing thresholds are statewide and are on the Florida state page.
  3. Confirm whether an attorney is required. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person (or is the only beneficiary with no other interested persons), or is a Florida-licensed attorney. Because most administrations involve more than one interested person, most Alachua estates are filed through counsel.
  4. Prepare the petition and any checklist. Probate filings are petitions prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530). Florida publishes no statewide self-help probate form set, but the Eighth Circuit publishes probate divisional procedures, forms that self-represented parties may use, and checklists for attorneys, and the Clerk's probate page links the summary administration form and checklist and provides a disposition-without-administration packet. A self-represented party with procedural questions can make an appointment with the Self-Help Center on the 4th floor of the courthouse at (352) 548-3781.
  5. File with the Clerk of the Circuit Court. Attorneys must e-file through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com). A self-represented filer may register and e-file through the portal or file on paper at the Clerk's counter at the Alachua County Family and Civil Justice Center, 201 E. University Avenue, Gainesville.
  6. Pay the filing fee. The Clerk's published fee schedule (current as of January 1, 2026) is $400.00 for formal administration, $345.00 for summary administration of an estate of $1,000 or more ($235.00 under $1,000), and $231.00 for disposition of personal property without administration; these county totals sit on top of the statutory service charge under F.S. 28.2401 (verified July 2026).
  7. Give notice and publish. The personal representative serves notice on interested persons and publishes a notice to creditors, which opens the creditor-claim period. A creditor must file its claim by the later of 3 months after first publication or 30 days after being served (F.S. 733.702), and in all events within 2 years of death (F.S. 733.710).
  8. Attend the hearing if one is set. Filing alone does not place a matter before the court; hearing time is requested through the Probate Case Manager, preferably by email to [email protected] with the full case number in the subject line, or at (352) 264-6991. Many Eighth Circuit probate hearings are conducted remotely by Zoom; if a hearing is noticed for Zoom, do not come to the courthouse. For a hearing set in person, a party must file a motion, showing good cause, at least 10 days in advance to attend by electronic means.
  9. Receive the authority document. On appointment the court issues Letters of Administration, the proof of the personal representative's authority to act, in every case, whether or not there is a will. Request enough certified copies for the banks and institutions involved.
  10. Administer and close. Inventory the assets, pay valid claims in statutory priority, account to the interested persons, distribute the remaining assets, and close the estate.

Forms and documents

Probate forms in Alachua County

Florida publishes no statewide self-help probate form set: probate filings are petitions prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530), and Florida Courts Help states that it does not provide probate forms. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, most Alachua estates do not self-file a probate packet; the attorney prepares the petition and files it through the statewide portal.

Alachua County and the Eighth Circuit publish more local probate support than most Florida counties. The Eighth Circuit's probate divisional procedures page carries forms that self-represented parties may use and checklists that the court asks attorneys to submit with proposed orders. The Clerk's probate page links the summary administration form and checklist and provides a disposition of personal property without administration packet (a qualification review, instructions, petition, and consent). The Self-Help Center on the 4th floor of the courthouse, (352) 548-3781, offers appointments for procedural questions and has hosted free probate-forms workshops run by the University of Florida's Heirs' Property Clinic. For questions about local intake, call the Clerk's probate department at (352) 374-3682; for questions about a pending case, email the Probate Case Manager at [email protected] with the full case number in the subject line.

ResourceWhat it provides
Eighth Circuit probate divisional procedures, forms, and checklists (circuit8.org)The circuit's probate divisional procedures, forms that self-represented parties may use, and checklists for attorneys covering summary, formal, and disposition filings
Alachua County Clerk, Probate (alachuacounty.us/Depts/Clerk)The Clerk's probate page: the summary administration form and checklist, the disposition-without-administration packet, will deposit rules, and local intake information
Florida Courts Help, probate (flcourts.gov)The judiciary's probate self-help page; it explains that no statewide probate forms are provided and points to the Florida Probate Code and local resources
Florida Courts E-Filing Portal (myflcourtaccess.com)The statewide portal for filing probate documents; mandatory for attorneys, optional for self-represented filers

Fees

Florida sets the Clerk's base probate service charges by statute (F.S. 28.2401): formal administration $395, summary administration $340 for an estate of $1,000 or more, and disposition of personal property without administration $230, plus a $4 additional service charge on administration petitions. On top of that statutory base, counties add further mandatory statutory charges, so the Clerk's published total is higher than the bare base and is set county by county. The Alachua County Clerk's own published probate fee schedule, current as of January 1, 2026, is below (verified July 2026).

FilingFeeAuthority
Formal administration$400.00Alachua County Clerk published fee schedule, alachuacounty.us/Depts/Clerk, current as of January 1, 2026; statutory base F.S. 28.2401
Summary administration, estate value $1,000 or more$345.00Alachua County Clerk published fee schedule, alachuacounty.us/Depts/Clerk, current as of January 1, 2026; statutory base F.S. 28.2401
Summary administration, estate value under $1,000$235.00Alachua County Clerk published fee schedule, alachuacounty.us/Depts/Clerk, current as of January 1, 2026; statutory base F.S. 28.2401
Disposition of personal property without administration$231.00Alachua County Clerk published fee schedule, alachuacounty.us/Depts/Clerk, current as of January 1, 2026; statutory base F.S. 28.2401
Caveat$41.00Alachua County Clerk published fee schedule, alachuacounty.us/Depts/Clerk, current as of January 1, 2026; statutory base F.S. 28.2401
Depositing a will (receipt on request)No fee to deposit; $7.00 for a receiptAlachua County Clerk probate page, alachuacounty.us/Depts/Clerk, verified July 2026; deposit required by F.S. 732.901

Confirm the current total on the Clerk's fee schedule before filing, since counties adjust these charges over time. Certified copies, recording, and records-search fees are charged separately.

Local nuance

Alachua County-specific considerations

A dedicated Probate Case Manager and a courthouse Self-Help Center. The Eighth Circuit directs all probate inquiries to its Probate Case Manager rather than the judge's office: email [email protected] (preferred, with the full case number in the subject line) or call (352) 264-6991. Hearing time is requested through the case manager, since filing a petition alone does not place a matter before the court. The circuit also runs a Self-Help Center on the 4th floor of the Alachua County Family and Civil Justice Center, Room 413, (352) 548-3781, with appointments to answer procedural questions; the University of Florida's Heirs' Property Clinic has hosted free probate-forms workshops there.

The Eighth Circuit publishes its own probate forms and checklists. Unlike smaller counties, the Eighth Circuit posts probate divisional procedures, forms that self-represented parties may use, and checklists that it asks attorneys to submit with proposed orders, at circuit8.org. The Clerk's probate page adds a summary administration form and checklist and a disposition of personal property without administration packet.

Many hearings are on Zoom. The Eighth Circuit conducts many probate hearings remotely, typically routine case management or short non-evidentiary or uncontested matters; contested evidentiary hearings are generally held in person. If a hearing is noticed to occur by Zoom, do not come to the courthouse. For a hearing set in person, a party who wants to attend by electronic means must file a motion, showing good cause, at least 10 days before the hearing date.

The Clerk publishes a dated probate fee schedule. The Alachua County Clerk posts a probate fee schedule, current as of January 1, 2026, with the county totals for formal administration, summary administration, disposition without administration, and a caveat. Depositing a will is free, and a receipt for the will costs $7.00. Confirm the current figures with the Clerk before filing.

Recent updates

DateChangeSource
January 2026The Alachua County Clerk's published fee schedule was updated, with charges current as of January 1, 2026, listing formal administration $400.00, summary administration $345.00 ($1,000 or more) or $235.00 (under $1,000), disposition without administration $231.00, and a $41.00 caveat.alachuacounty.us/Depts/Clerk

Page last reviewed: July 2026.

Scenarios

SituationLikely path in Alachua CountyWhere Sunset helps
Surviving spouse, co-owned homeIf the Gainesville or rural Alachua County home was the decedent's homestead, Florida homestead protections usually let it pass to the surviving spouse outside the probate estate, often confirmed by a petition to determine homestead status filed with the Clerk of the Circuit Court. If other assets must be administered, the spouse (through counsel, unless she is the sole interested person under Fla. Prob. R. 5.030) files a summary or formal administration and is issued Letters of Administration.Asset discovery to confirm how title is held and what else is in the estate. Packet generation for the qualifying paperwork. A vetted attorney referral where Fla. Prob. R. 5.030 requires counsel.
Out-of-state adult child, small estateA smaller estate that meets the statewide threshold can proceed by summary administration under F.S. 735.201, which appoints no personal representative and ends in an order distributing the assets; a very limited estate with no real property may qualify for disposition of personal property without administration (F.S. 735.301), and the Clerk publishes a packet for it. Both are filed with the Alachua Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal and, if a hearing is noticed for Zoom, appear without traveling to Gainesville.Asset discovery to confirm the estate qualifies and to locate accounts from out of state. Packet generation for the petition, prepared in advance so an out-of-state filer can proceed largely remotely.
Parent settling a predeceased child's estate, home must be soldBecause the estate holds real property that must be sold, it generally proceeds through formal administration under F.S. Chapter 733: the parent, represented by counsel under Fla. Prob. R. 5.030, petitions the Clerk of the Circuit Court, is appointed personal representative, receives Letters of Administration, and can then sell the home and distribute the proceeds. The matter is heard in the Eighth Circuit, with routine hearings often held by Zoom.Asset discovery for the child's accounts and property. Packet generation for the formal administration filing. Attorney referral, and help if the sale or an heir dispute turns contested.

Self-help resources

ResourceWhat it offers
Alachua County Clerk of the Circuit Court, probate department (352) 374-3682, switchboard (352) 374-3636 (alachuaclerk.org)The filing office for probate; local intake questions, filing by mail or in person, hours, case search, the probate fee schedule, and the disposition-without-administration packet
Eighth Judicial Circuit Probate Case Manager, (352) 264-6991, [email protected] (email preferred, full case number in the subject line)The court's point of contact for probate cases: hearing scheduling and procedural questions, though not legal advice
Eighth Judicial Circuit Self-Help Center, 4th floor, Room 413, 201 E. University Avenue, (352) 548-3781Appointments to answer procedural questions for self-represented parties; the University of Florida's Heirs' Property Clinic has hosted free probate-forms workshops here
John A.H. Murphree Law Library, Room 413, 201 E. University AvenuePublic law library in the courthouse, open Monday to Friday, 8:30 a.m. to 5:00 p.m., with legal reference materials and the Florida Statutes
Three Rivers Legal Services, Gainesville office, helpline 1-866-256-8091 (trls.org)Free civil legal help for income-eligible residents, including limited wills and probate matters; the Gainesville office serves Alachua County and the surrounding Eighth Circuit counties
Florida Courts Help, probate (flcourts.gov/Courts-System/florida-courts-help/other-resources/probate)The judiciary's probate self-help page, with plain-language information on the probate process
The Florida Bar Lawyer Referral Service, (800) 342-8011 (floridabar.org)Statewide referrals to Florida-licensed probate attorneys, plus the consumer pamphlet Probate in Florida

When to hire an attorney

Florida makes counsel the norm in probate. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person, or is the only beneficiary with no other interested persons, or is a Florida-licensed attorney. Because most Alachua estates have more than one interested person, most formal and summary administrations here are handled through counsel, who also e-files through the statewide portal. Consider an attorney early when the estate holds real property that must be sold, when a will contest or heir dispute is likely, when the estate is insolvent or creditors are pressing, or when the estate includes a business interest or out-of-state property. Sunset can connect families to a vetted Florida probate attorney serving Alachua County and the Eighth Judicial Circuit.

How Sunset helps

Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Alachua County real estate, and unclaimed property, so you know the estate's value and which Florida estate settlement path fits before you file.

Generate the probate packet. Sunset assembles the petition and supporting paperwork for your path, ready to file with the Clerk of the Circuit Court in Gainesville through the statewide e-filing portal or on paper.

Find a local probate attorney. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, Sunset connects families to a vetted Florida probate attorney serving Alachua County and the Eighth Judicial Circuit.

Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).

Frequently asked questions

Where do I file for probate in Alachua County?

With the Clerk of the Circuit Court at the Alachua County Family and Civil Justice Center, 201 E. University Avenue, Gainesville, FL 32601. Alachua is in the Eighth Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court.

Do I have to e-file probate in Alachua County?

Attorneys must e-file through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com. A self-represented filer may register and e-file through the same portal or file on paper at the Clerk's counter in Gainesville.

Do I need an attorney for probate in Alachua County?

Usually yes. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative is the sole interested person (or the only beneficiary with no other interested persons), or is a Florida-licensed attorney. Because most estates have more than one interested person, most Alachua administrations are handled through counsel.

Does Alachua County have probate forms or a self-help center?

Yes. The Eighth Circuit publishes probate divisional procedures, forms that self-represented parties may use, and checklists for attorneys at circuit8.org, and the Clerk's probate page links the summary administration form and checklist and provides a disposition-without-administration packet. A Self-Help Center on the 4th floor of the courthouse, (352) 548-3781, offers appointments for procedural questions, and the court's Probate Case Manager can be reached at (352) 264-6991 or [email protected].

Can I appear remotely for an Alachua County probate hearing?

Often yes. The Eighth Circuit conducts many probate hearings by Zoom, typically routine or short non-evidentiary matters, and if a hearing is noticed for Zoom you should not come to the courthouse. For a hearing set in person, you must file a motion, showing good cause, at least 10 days in advance to attend by electronic means; contested evidentiary hearings are generally held in person.

Can I look up an Alachua County probate case online?

Yes. The Clerk offers online Court Records and Document Images access at alachuaclerk.org/court_records/. It is public but requires a sign-in step, and certain case types, such as adoptions, are non-public. To confirm a filing you can also call the Clerk's probate department at (352) 374-3682.

What does it cost to file probate in Alachua County?

The Clerk's published fee schedule, current as of January 1, 2026, is $400.00 for formal administration, $345.00 for summary administration of an estate of $1,000 or more ($235.00 under $1,000), and $231.00 for disposition of personal property without administration, with a $41.00 caveat fee. These county totals sit on top of the statutory service charge under F.S. 28.2401. Depositing a will is free; a receipt for the will costs $7.00. Confirm the current figures with the Clerk before filing.

Do I have to travel to Gainesville to settle an estate there?

Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, routine orders are submitted to the probate division for entry without a hearing, and the Eighth Circuit conducts many probate hearings by Zoom, so an out-of-state filer working with Florida counsel can often proceed without traveling to Gainesville. Contested evidentiary hearings are generally held in person.

Shaped by the families we've helped

Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.

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