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Clay County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Fourth Judicial Circuit, Clay County (Probate Division); probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Tara S. Green), Probate Division |
| Courthouse | Judge William A. Wilkes Judicial Complex (Clay County Courthouse), 825 North Orange Avenue, Green Cove Springs, FL 32043 |
| Mailing address | Clay County Clerk of Court, P.O. Box 698, Green Cove Springs, FL 32043 |
| Phone | (904) 278-3707 (Probate, Mental Health, and Guardianship); (904) 284-6302 (general information) |
| [email protected] (general Clerk contact) | |
| Office hours | Monday to Friday, 8:00 AM to 5:00 PM; closed weekends and legal holidays |
| Filing fee | Formal administration $400.00; summary administration $345.00 for estates of $1,000 or more, $235.00 under $1,000; disposition of personal property without administration $231.00 (Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401) |
| Local forms | The Clerk publishes a Checklist for Summary Administration that is completed and e-filed before the Order for Summary Administration; Florida publishes no statewide self-help probate form set, and petitions are otherwise prepared under the Florida Probate Rules, in most cases by an attorney |
| E-filing | Florida Courts E-Filing Portal (myflcourtaccess.com), mandatory for attorneys and optional for self-represented filers. Original wills and other original documents are deposited on paper with the Clerk |
| Case search | The Clerk's public Court Records system at inquiry.clayclerk.com searches civil, probate, family, and other case records by party name or case number, with free unofficial copies of many records; confidential records are withheld and some access requires registration |
| Remote appearance | Zoom is used in the Fourth Judicial Circuit: under the Clay probate division's published procedures, short non-evidentiary hearings may be held in person or by Zoom (Fla. R. Gen. Prac. & Jud. Admin. 2.530), and the format for a given matter follows the assigned judge's procedures |
| Website | https://clayclerk.com/departments/civil-court-services/probate/ |
Before you begin — know the assets and liabilities
The most common Clay County misstep is filing before you know what the estate holds and which administration path fits. Florida has three routes: formal administration (F.S. Chapter 733), summary administration (F.S. 735.201), and disposition of personal property without administration (F.S. 735.301). Which one applies depends on the value and type of the assets, whether the decedent left Florida real property, and how long ago the death occurred; the thresholds are statewide and are covered on the Florida state page. Homestead real property often passes outside the probate estate, so a Fleming Island or Orange Park home can transfer to the family while the estate subject to administration stays small.
Before you file, identify every bank, credit-union, brokerage, and retirement account, life-insurance policy, vehicle, business interest, and parcel of Clay County real estate, along with every debt, and identify each heir and beneficiary by name. Only then can you pick the right path, calculate the correct filing fee, and decide whether counsel is needed. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Fourth Judicial Circuit serves Clay, Duval, and Nassau counties; within Clay it covers the entire county, including Green Cove Springs (the county seat), Orange Park, Fleming Island, Middleburg, Keystone Heights, and the surrounding communities. Every Clay County probate, wherever the decedent lived in the county, is filed with the Clerk of the Circuit Court and Comptroller at the Judge William A. Wilkes Judicial Complex, 825 North Orange Avenue, Green Cove Springs. The Clerk also operates an Orange Park branch office at 1590 Park Avenue for services such as passports, but probate is handled at the Green Cove Springs courthouse.
Under Florida's venue rule (F.S. 733.101), administration is proper in the county where the decedent was domiciled at death; if the decedent had no Florida domicile, in any county where the decedent owned property; and otherwise in the county where a debtor of the decedent resides. In practice, the estate of a Clay County resident, or one who owned Clay County real property, is filed here. The Clerk's office runs a dedicated probate department with its own direct line, and the Fourth Judicial Circuit assigns Clay County's probate, guardianship, and related matters to a circuit judge sitting in Green Cove Springs.
The jurisdiction process
- Confirm venue and choose the path. Clay County is the right court when the decedent was domiciled here at death or owned Clay County property (F.S. 733.101). Decide, based on the assets and the time since death, whether the estate needs formal administration (F.S. Chapter 733), qualifies for summary administration (F.S. 735.201), or fits disposition of personal property without administration (F.S. 735.301); the statewide thresholds are on the Florida state page.
- Confirm whether an attorney is required. Under Florida Probate Rule 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 licensed attorney. Most Clay formal and summary administrations therefore involve counsel; disposition without administration and sole-interested-person matters can proceed without a lawyer.
- Gather what the court needs: the original will (if any), a certified copy of the death certificate, a list of the estate's assets and debts, and the names and addresses of the beneficiaries and other interested persons. Florida's estate representative is the personal representative in every case, whether or not there is a will (F.S. 731.201).
- 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, so in most cases the attorney prepares the papers. For a summary administration, the Clerk's local Checklist for Summary Administration is completed and e-filed before the Order for Summary Administration is submitted.
- File with the Clerk of the Circuit Court. Attorneys e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com), which is mandatory for them; a self-represented filer may e-file or file on paper. The original will is deposited on paper: the custodian of a will must deposit the original with the Clerk within 10 days of learning of the death, and the Clerk charges no fee to deposit a will (F.S. 732.901).
- Pay the filing fee for the path: formal administration $400.00; summary administration $345.00 for an estate of $1,000 or more or $235.00 if under $1,000; disposition of personal property without administration $231.00 (Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401).
- Give notice. In a formal administration, serve the notice of administration on interested persons and publish and serve the notice to creditors. 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 F.S. 733.710 bars all claims 2 years after death.
- Attend any hearing. Zoom is used in the Fourth Judicial Circuit, and under the Clay probate division's published procedures short non-evidentiary hearings may be held in person or by Zoom (Fla. R. Gen. Prac. & Jud. Admin. 2.530); longer or evidentiary matters need court approval. Check the assigned judge's procedures for the date, time, and format.
- Receive authority. In a formal administration the court appoints the personal representative and the Clerk issues Letters of Administration, the representative's proof of authority for banks and title companies. In a summary administration the court enters an order distributing the assets and no personal representative is appointed. Request enough certified copies for the institutions involved.
- Administer and close. File the inventory, resolve creditor claims, obtain court authority where required to sell Clay County real property, account to the interested persons, distribute, and close the estate.
Forms and documents
Probate forms in Clay 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 Florida Probate Rule 5.030 requires a Florida-licensed attorney in most administrations, most Clay County estates do not self-file a form packet; the attorney prepares and e-files the petitions through the Florida Courts E-Filing Portal.
Clay County does publish one local probate document of its own: the Clerk's Checklist for Summary Administration, issued by the Clay County Probate Division of the Fourth Judicial Circuit. It is completed and e-filed before the Order for Summary Administration is submitted, and completing it does not remove any obligation imposed by rule or statute. It is posted on the Clerk's website (clayclerk.com) and linked from the circuit's Clay County judicial procedures pages at jud4.org.
The original will itself is not e-filed. The custodian of a will must deposit the original with the Clerk within 10 days of learning of the death, and there is no charge to deposit a will (F.S. 732.901). Original wills and other original documents are delivered on paper to the Clerk at the Judge William A. Wilkes Judicial Complex, 825 North Orange Avenue, Green Cove Springs, in person or by mail to P.O. Box 698, Green Cove Springs, FL 32043. For questions about local intake or what the counter needs, call the Clerk's probate line at (904) 278-3707.
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 Clay County Clerk publishes its own probate fee schedule; its totals are below (verified July 2026).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration (also guardianship, ancillary, curatorship, conservatorship) | $400.00 | Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value $1,000 or more | $345.00 | Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value under $1,000 | $235.00 | Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401 |
| Disposition of personal property without administration | $231.00 | Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401 |
| Estate opening, one or more documents | $231.00 | Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401 |
| Admission of a foreign will | $231.00 | Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401 |
| Caveat | $41.00 | Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401 |
| Exemplified certificate | $7.00 | Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401 |
| Petition to reopen a closed case | $50.00 | Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026; statutory base F.S. 28.2401 |
The Clerk's fee page does not print an effective date, so confirm the current total on the schedule at clayclerk.com before filing, since counties adjust these charges over time. Depositing a will carries no fee (F.S. 732.901). Certified copies, recording, and records-search fees are charged separately.
Local nuance
Clay County-specific considerations
A local Checklist for Summary Administration. Clay County's Probate Division publishes a Checklist for Summary Administration that is completed and e-filed before the Order for Summary Administration is submitted. Completing the checklist does not remove any obligation imposed by rule or statute, but it is a genuine local step that other Florida counties do not all require. It is posted on the Clerk's website (clayclerk.com) and linked from the circuit's Clay County judicial procedures pages at jud4.org.
A Low Bono program that covers probate. The Clerk runs a Low Bono program that connects residents to participating attorneys for a scheduled paid consultation, including probate matters, at reduced rates of $50 per half hour or $80 per hour, in person at the courthouse or remotely. Appointments are booked at lowbono.clayclerk.com, and the Civil Department can be reached at (904) 269-6361. It is limited to two appointments per year and is not free legal representation, but it is a low-cost way to get oriented before filing.
A dedicated probate phone line. The Clerk operates a dedicated Probate, Mental Health, and Guardianship line at (904) 278-3707, separate from the general information line at (904) 284-6302. Use the probate line for intake questions, will deposits, and filing mechanics.
Probate is filed in Green Cove Springs. The Clerk operates an Orange Park branch office at 1590 Park Avenue for services such as passports, in addition to the Green Cove Springs courthouse, but probate is handled at the Judge William A. Wilkes Judicial Complex in Green Cove Springs. Mail is directed to P.O. Box 698, Green Cove Springs, FL 32043.
Records are searchable online. The Clerk's public Court Records system at inquiry.clayclerk.com lets you search civil, probate, family, and other case records by party name or case number, with free unofficial (uncertified) copies of many records. Confidential records are withheld, and some access requires registration, so not every probate document is openly viewable. To confirm a filing you can also call the Clerk's probate line at (904) 278-3707.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Clay County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Fleming Island or Orange Park home held by the spouses as tenants by the entirety, or as homestead, generally passes to the surviving spouse outside the probate estate; the survivor records the death certificate and, where needed, files a petition to determine homestead status with the Clerk. Accounts and property in the decedent's sole name may still need summary or formal administration, which under Florida Probate Rule 5.030 usually requires a Florida attorney unless the spouse is the sole interested person. | Asset discovery to separate what passed outside probate from what did not. Packet generation for the petition. A vetted Clay County probate attorney where the rule requires counsel. |
| Out-of-state adult child, small estate | If the parent was domiciled in Clay County and the estate is small enough, or the death was more than 2 years ago, the estate may qualify for summary administration (F.S. 735.201), where the Clerk's Checklist for Summary Administration is e-filed before the order; if it holds only exempt and limited personal property and no real estate, disposition of personal property without administration (F.S. 735.301) may apply. An attorney typically e-files through the portal, and because short non-evidentiary hearings may be held by Zoom under the division's procedures, the child can often avoid traveling to Green Cove Springs. | Asset discovery to confirm the estate fits the shorter path. Packet generation for the petition and the summary-administration checklist. Attorney referral where Rule 5.030 requires counsel. |
| Parent settling a predeceased child's estate, home must be sold | Formal administration in the Fourth Judicial Circuit. Because there is no will, the parent's attorney petitions for appointment as personal representative and the Clerk issues Letters of Administration; the personal representative then obtains court authority where required to sell the Clay County home before the deed can transfer. Rule 5.030 requires a Florida attorney unless the parent is the sole interested person. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and sale papers. A vetted Clay County probate attorney to run the formal administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Clay County Clerk of Court, Probate Division, (904) 278-3707 (clayclerk.com/departments/civil-court-services/probate) | The filing office for probate: filing information, local intake, the fee schedule, the Checklist for Summary Administration, and will deposit |
| Clay County Clerk Low Bono program, (904) 269-6361 (lowbono.clayclerk.com) | Scheduled reduced-rate consultations with participating attorneys, including probate, at $50 per half hour or $80 per hour, in person or remote |
| Fourth Judicial Circuit of Florida (jud4.org) | Court administration for Clay County, division procedures, Zoom hearing resources, and judicial information |
| Clay County Clerk Court Records search (inquiry.clayclerk.com) | Public search of civil, probate, and family case records by party name or case number, with free unofficial copies of many records; confidential records are withheld and some access requires registration |
| Jacksonville Area Legal Aid (jaxlegalaid.org), Clay County office (904) 284-8410 | Free civil legal help for income-eligible Clay County residents, including estate and probate-related matters; staffs a Clay office at the courthouse, 825 N. Orange Avenue, Room 308 |
| 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; it states that no statewide probate forms are provided |
| The Florida Bar (floridabar.org) | Consumer pamphlet "Probate in Florida" and the statewide Lawyer Referral Service |
When to hire an attorney
Florida is an attorney-forward probate state. Under Florida Probate Rule 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative is the sole interested person or is a licensed attorney, so most Clay County formal and summary administrations involve counsel. Beyond the rule, counsel makes practical sense when the estate is contested, when Clay County real property must be sold, when the estate is insolvent or its solvency is in doubt, when a business interest or an out-of-state asset complicates administration, or when heirs are in conflict. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer, and the Clerk's Low Bono program offers a reduced-rate consultation to get oriented first. Sunset can connect families to a vetted Clay County probate attorney when the situation calls for counsel.
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, Clay County real estate, business interests, and unclaimed property, so you know the estate's value and can pick the right Florida probate path before you file.
Generate the probate packet. Sunset assembles the Clay County estate settlement filing: the petition for administration, the notice of administration and notice to creditors, the inventory, and the supporting documents, formatted for e-filing through the Florida Courts E-Filing Portal or for filing on paper with the Clerk.
Find a local probate attorney. Because Florida Probate Rule 5.030 requires counsel in most administrations, Sunset connects families to a vetted Clay County probate attorney to file and appear.
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 probate in Clay County, Florida?
With the Clerk of the Circuit Court and Comptroller at the Judge William A. Wilkes Judicial Complex, 825 North Orange Avenue, Green Cove Springs, FL 32043, or by mail to P.O. Box 698, Green Cove Springs, FL 32043. Clay County is in the Fourth Judicial Circuit. Attorneys e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com); the Probate Division can be reached at (904) 278-3707. Florida has no separate probate court; probate is a division of the Circuit Court.
Do I need a lawyer for probate in Clay County?
Usually yes. Under Florida Probate Rule 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative is the sole interested person or is a licensed attorney. Most formal and summary administrations therefore involve counsel. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer, and the Clerk's Low Bono program offers a reduced-rate consultation to get started.
How much does it cost to file probate in Clay County?
The Clerk's published fee schedule is $400.00 for formal administration, $345.00 for summary administration of an estate of $1,000 or more (or $235.00 under $1,000), and $231.00 for disposition of personal property without administration (Clay County Clerk probate fee schedule, clayclerk.com/probate, verified July 2026). These county totals sit on top of the statutory base in F.S. 28.2401. The schedule does not print an effective date, so confirm the current total before filing.
Do I have to e-file probate in Clay County?
Attorneys must; self-represented filers have a choice. Florida attorneys must e-file through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com). A self-represented person may e-file or file on paper with the Clerk. The original will is deposited on paper: the custodian of a will must deposit the original with the Clerk within 10 days of learning of the death, and there is no fee to deposit it (F.S. 732.901).
What forms do I need for probate in Clay County?
Florida publishes no statewide self-help probate form set, so petitions are prepared under the Florida Probate Rules, in most cases by an attorney. Clay County does publish one local document: the Clerk's Checklist for Summary Administration, which is completed and e-filed before the Order for Summary Administration is submitted. It is posted on the Clerk's website (clayclerk.com) and linked from the circuit's Clay County judicial procedures pages at jud4.org.
How do I look up a Clay County probate case?
Use the Clerk's public Court Records system at inquiry.clayclerk.com, which searches civil, probate, family, and other case records by party name or case number and offers free unofficial copies of many records. Confidential records are withheld and some access requires registration, so not every probate document is openly viewable. To confirm a filing you can also call the Clerk's probate line at (904) 278-3707.
Can I appear remotely for a Clay County probate hearing?
Often yes. Zoom is used in the Fourth Judicial Circuit, and under the Clay probate division's published procedures short non-evidentiary hearings may be heard in person or by Zoom (Fla. R. Gen. Prac. & Jud. Admin. 2.530); longer or evidentiary matters need court approval for remote testimony. The format for a given matter follows the assigned judge's procedures, so check those when a hearing is set.
Is there low-cost legal help for probate in Clay County?
Yes. The Clerk runs a Low Bono program that books reduced-rate consultations with participating attorneys, including probate, at $50 per half hour or $80 per hour, in person or remote, at lowbono.clayclerk.com or (904) 269-6361. Income-eligible residents may also qualify for free help from Jacksonville Area Legal Aid, which staffs a Clay County office at the courthouse and can be reached at (904) 284-8410.
Do I have to travel to Green Cove Springs to settle an estate there?
Not always. Attorneys and self-represented filers can e-file through the statewide portal, and papers, including the original will, can be mailed to the Clerk at P.O. Box 698, Green Cove Springs, FL 32043. Where a hearing is required, short non-evidentiary matters may be heard by Zoom under the Clay probate division's published procedures; check the assigned judge's procedures for whether your hearing can be held 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.