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Baker County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Eighth Judicial Circuit, Baker County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Stacie D. Harvey) |
| Courthouse | 339 East Macclenny Avenue, Macclenny, FL 32063 |
| Phone | (904) 259-8113 (Clerk); (352) 264-6991 for the Eighth Judicial Circuit probate case manager |
| The Clerk publishes no general probate email; reach the office by phone at (904) 259-8113 or through the contact page at bakerclerk.com. Circuit probate case-management questions go to [email protected] | |
| Office hours | Monday to Friday, 9:00 AM to 4:30 PM, closed legal holidays (per the Eighth Judicial Circuit's Baker County Clerk's Office page, July 2026). These public hours are shorter than many Florida clerks keep, so confirm current hours and the filing cutoff with the Clerk before you go |
| Filing fee | Set by statute under F.S. 28.2401: the Clerk's service charge is $395 for formal administration and $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge on the petition (statutory figures verified July 2026). Counties add mandatory statutory charges on top of the base, so confirm the current total with the Clerk before filing |
| Local probate forms | The Baker Clerk publishes no local probate forms, and Florida publishes no statewide self-help probate form set; the Eighth Judicial Circuit does publish probate checklists and sample forms that apply across the circuit. Probate filings are petitions prepared under the Florida Probate Rules, in most cases by an attorney |
| E-filing | Through 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 search | Statewide CiviTek Online Court Records Search for Baker County (county 02), with a public anonymous access option |
| Remote appearance | Many Eighth Judicial Circuit probate hearings are conducted remotely by Zoom under the circuit's published Zoom guidelines; the court notice states whether a hearing is in person or by Zoom. To attend an in-person hearing remotely, file a motion showing good cause at least 10 days before the hearing. Telephone-only appearance is not allowed |
| Website | https://bakerclerk.com |
Before you begin — know the assets and liabilities
Before you file anything in Baker 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 home in Macclenny or elsewhere in Baker County 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 Baker County along with Alachua, Bradford, Gilchrist, Levy, and Union counties. Within Baker, the court covers the whole county, including Macclenny (the county seat), Glen St. Mary, Sanderson, and Olustee. Baker probate matters are filed with the Clerk of the Circuit Court at the courthouse at 339 East Macclenny Avenue in Macclenny. The circuit's court administration, its probate case manager, and its Self-Help Center are based in Gainesville, in Alachua County, but a Baker estate is filed with the Baker Clerk.
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 Baker County for a decedent who lived here. There is no separate probate department; probate is heard on the Circuit Court's general docket.
The jurisdiction process
- 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.
- 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.
- 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 Baker estates are filed through counsel.
- Prepare the petition. For a formal or summary administration, prepare the petition and supporting documents 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 Judicial Circuit publishes probate checklists and sample forms you and your attorney can use as a guide.
- 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 339 East Macclenny Avenue, Macclenny; confirm the mailing address with the Clerk before sending filings by mail.
- Pay the filing fee. The Clerk's service charge under F.S. 28.2401 is $395 for formal administration and $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge on the petition; counties add mandatory statutory charges on top of the base, so confirm the current total with the Clerk (verified July 2026).
- 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).
- Attend the hearing if one is set. Filing alone does not put the matter before the court in the Eighth Judicial Circuit; the parties request a hearing, and many probate hearings are conducted remotely by Zoom under the circuit's published Zoom guidelines. The court notice states whether a hearing is in person or by Zoom; to attend an in-person hearing remotely, file a motion showing good cause at least 10 days before the hearing.
- 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.
- 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 Baker County
The Baker County Clerk publishes no local probate forms of its own, and 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. The Eighth Judicial Circuit, however, publishes its own probate divisional procedures, checklists, and sample forms for the circuit, and the circuit notes that the checklists it makes public are the same ones the court uses when it reviews a filing. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, most estates do not self-file a probate packet: the attorney prepares the petition and files it through the statewide portal. For questions about local intake, filing in person, or what the Macclenny counter needs, call the Clerk of the Circuit Court at (904) 259-8113; for circuit probate procedure and case management, the probate case manager can be reached at [email protected].
| Resource | What it provides |
|---|---|
| Eighth Judicial Circuit probate procedures, forms, and checklists (circuit8.org) | The circuit's probate divisional procedures, sample forms for self-represented parties, and the checklists the court uses to review standard probate filings, applicable across the circuit including Baker County |
| 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 |
| Baker County Clerk of the Circuit Court, contact | Local intake questions, filing in person, hours, and how to reach the Clerk's office in Macclenny |
Local nuance
Baker County-specific considerations
The Eighth Judicial Circuit publishes probate checklists and sample forms. Although the Baker Clerk publishes no probate forms and Florida has no statewide probate form set, the Eighth Judicial Circuit publishes probate divisional procedures, sample forms, and the checklists the court uses to review filings. The circuit also runs a probate case manager, who directs all probate inquiries to [email protected] (preferred, with the case number in the subject line) or (352) 264-6991 and holds regular office hours in the circuit's Self-Help Center on the 4th floor of the Alachua County Family and Civil Justice Center in Gainesville, where self-represented parties can get limited assistance with probate matters.
Plan around the courthouse's shorter public hours. The Baker County Clerk's public counter is open Monday to Friday, 9:00 AM to 4:30 PM, a shorter window than many Florida clerks keep. Confirm current hours and the filing cutoff before you drive to the Macclenny courthouse, or e-file through the statewide portal to avoid the trip.
Case search runs through the statewide CiviTek system. Baker County does not run its own docket portal. Court records are searched through the statewide CiviTek Online Court Records Search for Baker County (county 02), which offers a public anonymous access option. To confirm a filing, you can also call the Clerk's office directly.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Baker County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Macclenny or rural Baker 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 estate | A 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). Both are filed with the Baker Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Macclenny. | 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 sold | Because 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 by an Eighth Judicial Circuit judge. | 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
| Resource | What it offers |
|---|---|
| Baker County Clerk of the Circuit Court, (904) 259-8113 (bakerclerk.com) | The filing office for probate; local intake questions, filing in person, hours, and case search |
| Eighth Judicial Circuit of Florida (circuit8.org) | Court administration for Baker County, plus the circuit's probate divisional procedures, checklists and sample forms, probate case manager ([email protected], (352) 264-6991), Self-Help Center with limited probate assistance, and Zoom guidelines |
| 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 |
| Florida Courts E-Filing Portal (myflcourtaccess.com) | Registration and self-help for e-filing probate documents, the option available to self-represented filers |
| Three Rivers Legal Services, Gainesville office, (352) 372-0519 (trls.org) | Free civil legal help, including probate matters, for income-eligible residents; the Gainesville office's service area covers Baker County, and applications are also taken statewide at (866) 256-8091 |
| 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 Baker 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 Baker 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, Baker 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 Macclenny 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 Baker 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 Baker County?
With the Clerk of the Circuit Court at the Baker County courthouse, 339 East Macclenny Avenue, Macclenny, FL 32063. Baker 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 Baker 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 Macclenny.
Do I need an attorney for probate in Baker 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 Baker administrations are handled through counsel.
Are there probate forms for Baker County?
The Baker Clerk publishes no local probate forms, and Florida publishes no statewide self-help probate form set. The Eighth Judicial Circuit does publish probate procedures, sample forms, and checklists for the circuit at circuit8.org, and the circuit says the public checklists are the same ones the court uses to review filings. In most cases an attorney prepares the petition under the Florida Probate Rules.
Can I appear remotely for a Baker County probate hearing?
Often, yes. The Eighth Judicial Circuit conducts many probate hearings remotely by Zoom under its published Zoom guidelines, and your court notice states whether your hearing is in person or by Zoom. If a hearing is set in person, you must file a motion showing good cause at least 10 days before the hearing to attend remotely. Telephone-only appearance is not allowed.
Can I look up a Baker County probate case online?
Yes. Court records are searched through the statewide CiviTek Online Court Records Search for Baker County (county 02), which offers a public anonymous access option. To confirm a filing you can also call the Clerk of the Circuit Court at (904) 259-8113.
What are the Baker County Clerk's hours?
The Clerk's public counter is open Monday to Friday, 9:00 AM to 4:30 PM, closed legal holidays, per the Eighth Judicial Circuit's Baker County Clerk's Office page (July 2026). These hours are shorter than many Florida clerks keep, so confirm current hours and the filing cutoff with the Clerk before you go, or e-file through the statewide portal.
What does it cost to file probate in Baker County?
The Clerk's service charge under F.S. 28.2401 is $395 for formal administration and $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge on the petition (statutory figures verified July 2026). Counties add mandatory statutory charges on top of the base, so confirm the current total with the Clerk at (904) 259-8113 before filing.
Do I have to travel to Macclenny to settle an estate there?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, and many probate hearings in the Eighth Judicial Circuit are held by Zoom under its Zoom guidelines. Where a hearing is set in person, you may file a motion showing good cause at least 10 days ahead to appear remotely.
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.