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Hernando County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Fifth Judicial Circuit, Hernando County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Doug Chorvat Jr.), probate counter in Room 165 of the Hernando County Courthouse |
| Courthouse | Hernando County Courthouse, 20 North Main Street, Brooksville, FL 34601 (probate in Room 165) |
| Mailing address | Hernando County Clerk of the Circuit Court, 20 North Main Street, Brooksville, FL 34601; address mail to the Probate division |
| Phone | (352) 540-6366 (probate line); (352) 754-4201 (general Clerk, automated attendant) |
| The Clerk publishes no dedicated probate email or probate fax; use the probate line (352) 540-6366 or the general number for case questions | |
| Office hours | Monday to Friday, 8:00 AM to 5:00 PM at the Brooksville courthouse; the Spring Hill office closes at 4:30 PM; closed legal holidays |
| 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). The Clerk's own published totals are $400 for formal administration, $345 for summary administration of an estate of $1,000 or more, $235 for a smaller summary administration, and $231 for disposition of personal property without administration (Clerk fee schedule, verified July 2026). See the fees section below |
| Local probate forms | Yes for limited filings. The Clerk publishes a Delivery of Will form, a Small Estate Letter (its local intake for disposition of personal property without administration under F.S. 735.301), and a Statement of Claim (Probate); there is no statewide self-help probate form set and no full administration packet, so formal and summary administration petitions are 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 Hernando County (county 27), with public, attorney, party, and registered-user access. Under F.S. 28.2221(5)(a) images or copies of court records in matters governed by the Florida Probate Rules are not displayed online to the general public, so probate documents are viewed at the Clerk's office or through an authorized account |
| Remote appearance | The Fifth Judicial Circuit publishes virtual (Zoom) hearing resources; non-evidentiary probate hearings are commonly heard remotely, subject to the assigned judge's procedures |
| Website | https://hernandoclerk.com |
Before you begin — know the assets and liabilities
Before you file anything in Hernando 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 Brooksville, Spring Hill, Weeki Wachee, or elsewhere in Hernando 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 Fifth Judicial Circuit serves Hernando County along with Citrus, Lake, Marion, and Sumter counties, with circuit administration in Ocala. Within Hernando, the court covers the whole county, including Brooksville (the county seat), Spring Hill, Weeki Wachee, Hernando Beach, Ridge Manor, and Nobleton. Hernando probate matters are filed with the Clerk of the Circuit Court at the courthouse at 20 North Main Street in Brooksville, and Hernando estates are heard locally rather than sent to another county in the circuit.
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 Hernando 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.
- Deposit the original will. If there is a will, the custodian must deposit the original with the Clerk of the Circuit Court within 10 days of learning of the death (F.S. 732.901). In Hernando County the original will is deposited on paper with a Delivery of Will form at the Clerk's counter in Brooksville; there is no fee to deposit the will.
- 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 Hernando 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 and Hernando has no full administration packet, so in most cases an attorney prepares and files the papers.
- 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 probate counter in Room 165 at 20 North Main Street, Brooksville.
- 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; the Clerk's published total is $400 for formal administration and $345 for summary administration of an estate of $1,000 or more (Clerk fee schedule, 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. The petition is presented to a Fifth Judicial Circuit judge. The Fifth Judicial Circuit publishes virtual hearing resources, and non-evidentiary probate hearings are commonly heard by Zoom; check the assigned judge's procedures for whether your matter is set remotely or in person in Brooksville.
- 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 Hernando County
Hernando County publishes a limited set of its own probate and guardianship forms, but Florida publishes no statewide self-help probate form set and there is no full administration packet: formal and summary administration petitions are 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 Clerk's own forms cover discrete filings, a Delivery of Will form for depositing a will, a Small Estate Letter (the Clerk's local intake for disposition of personal property without administration under F.S. 735.301), and a Statement of Claim for a creditor, along with guardian-advocate and guardianship forms. 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 versus by mail, or what the Brooksville counter needs, call the Clerk's probate line at (352) 540-6366.
| Resource | What it provides |
|---|---|
| Hernando County Clerk probate forms (hernandoclerk.com) | The Clerk's own forms, including Delivery of Will, Small Estate Letter, and Statement of Claim (Probate), plus guardian-advocate and guardianship forms |
| 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 |
| Hernando County Clerk of the Circuit Court, probate and guardianship | Local intake questions, filing in person or by mail, the original will deposit, the Small Estate Letter process, hours, and the probate contact |
Fees
The filing fee has two layers. The base is a statewide service charge set by F.S. 28.2401: $395 for formal administration, $340 for summary administration of an estate of $1,000 or more, $230 for disposition of personal property without administration, and $40 for a caveat, plus a $4 additional charge on the petition (statutory figures verified July 2026). Because Florida counties add mandatory statutory charges on top of that base, the Clerk's published total is a few dollars higher. The Hernando County Clerk publishes the following probate totals on its fee schedule (verified July 2026; the schedule shows no separate revision date). Confirm the current amount on the Clerk's fee schedule or by calling the probate line at (352) 540-6366 before you file.
| Filing | Hernando Clerk published fee |
|---|---|
| Formal administration | $400.00 |
| Summary administration, estate of $1,000 or more | $345.00 |
| Summary administration, estate under $1,000 | $235.00 |
| Disposition of personal property without administration | $231.00 |
| Caveat or notice of trust | $41.00 |
These are the Clerk's totals for the initial filing and do not include later costs such as certified copies of Letters of Administration, recording fees, or the cost of publishing the notice to creditors. Every figure carries its source: the F.S. 28.2401 base for the statutory service charge, and the Hernando County Clerk's fee schedule for the published total.
Local nuance
Hernando County-specific considerations
A probate counter and a dedicated probate line. Hernando runs its probate filings through the probate counter in Room 165 of the Hernando County Courthouse at 20 North Main Street, Brooksville, and publishes a dedicated probate line, (352) 540-6366, separate from the Clerk's general automated attendant at (352) 754-4201. Use the probate line for case questions, filing mechanics, and what the Brooksville counter needs; the Clerk publishes no dedicated probate email.
A Small Estate Letter for the smallest estates. The Clerk's probate page describes a Small Estate Letter, which it identifies as another name for disposition of personal property without administration (F.S. 735.301), that may be filed without an attorney. Under the Clerk's published requirements, the decedent must have been a Hernando County resident, total assets cannot exceed $5,000, and no real property can be involved; the filing takes the death certificate, the original will if there is one, the last bank statement (or a copy of bonds or checks) identifying the account and the person to be paid, a paid funeral bill, a valid driver's license or state identification card, and the filing fee ($231 on the Clerk's fee schedule). The Clerk verifies the assets and prepares the order allowing distribution. The $5,000 cap and the residency rule are the Clerk's local intake requirements for this letter process; an estate with real property or larger assets proceeds by summary or formal administration instead. Confirm current requirements on the Clerk's probate page before relying on it.
Two offices, full probate in Brooksville. The Clerk operates two offices: the Brooksville courthouse (Monday to Friday, 8:00 AM to 5:00 PM) handles the full range of probate matters, and a Spring Hill office at 7405 Forest Oaks Boulevard in the Forest Oaks Government Center (Monday to Friday, 8:00 AM to 4:30 PM) offers limited services, including will and trust filing. File and manage a probate case at the Brooksville courthouse.
Case records are searched through the statewide CiviTek system. Hernando County does not run its own docket portal; court records are searched through the statewide CiviTek Online Court Records Search for Hernando County (county 27), which offers public access alongside attorney, party, and registered-user accounts. Under F.S. 28.2221(5)(a), images or copies of court records in matters governed by the Florida Probate Rules are not displayed online to the general public, so even where a probate case appears in the search results, the documents themselves are viewed at the Clerk's office in Brooksville, requested through the Clerk, or accessed through an authorized account. To confirm a filing you can also call the probate line at (352) 540-6366.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Hernando County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the home in Brooksville, Spring Hill, Weeki Wachee, or elsewhere in Hernando County 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), which the Hernando Clerk processes locally through its Small Estate Letter. Both are filed with the Hernando Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Brooksville. | 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. Non-evidentiary hearings are commonly held by Zoom in the Fifth Judicial Circuit. | 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 |
|---|---|
| Hernando County Clerk of the Circuit Court, probate line (352) 540-6366 (hernandoclerk.com) | The filing office for probate; local intake questions, filing by mail or in person, hours, the Delivery of Will and Small Estate Letter forms, and the published fee schedule |
| Fifth Judicial Circuit of Florida (circuit5.org) | Court administration for Hernando County, judicial assignments, virtual (Zoom) hearing resources, and general court information; its self-help center covers domestic relations only, not probate |
| 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 |
| Community Legal Services of Mid-Florida, helpline (800) 405-1417 (legalaccessforall.org) | Free civil legal help for income-eligible residents, serving Hernando County from its Spring Hill office, including wills, estates, and guardianship matters |
| 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 Hernando 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 Hernando County and the Fifth 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, Hernando County real estate, and unclaimed property as part of estate settlement, so you know the estate's value and which Florida 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 Brooksville 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 Hernando County and the Fifth 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 Hernando County?
With the Clerk of the Circuit Court at the Hernando County Courthouse, 20 North Main Street, Brooksville, FL 34601; the probate counter is in Room 165. Hernando is in the Fifth Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court.
Do I have to e-file probate in Hernando 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 probate counter in Brooksville.
Do I need an attorney for probate in Hernando 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 Hernando administrations are handled through counsel.
What does it cost to file probate in Hernando County?
The Clerk's published fee is $400 for formal administration, $345 for summary administration of an estate of $1,000 or more, and $235 for a smaller summary administration (Hernando Clerk fee schedule, verified July 2026). That total sits on top of the F.S. 28.2401 statutory base ($395 for formal administration, $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge). Confirm the current amount with the Clerk's probate line at (352) 540-6366 before filing.
What forms do I need for probate in Hernando County?
The Clerk publishes a few local probate forms, a Delivery of Will form, a Small Estate Letter, and a Statement of Claim, but Florida publishes no statewide self-help probate form set and there is no full administration packet. Formal and summary administration petitions are prepared under the Florida Probate Rules, and in most cases an attorney prepares them.
Can I use the Small Estate Letter instead of hiring an attorney?
Possibly, for a very small estate. The Small Estate Letter is the Hernando Clerk's local intake for disposition of personal property without administration (F.S. 735.301), and the Clerk states it may be filed without an attorney. Under the Clerk's published requirements the decedent must have been a Hernando County resident, total assets cannot exceed $5,000, and no real property can be involved; bring the death certificate, the original will if any, the last bank statement, a paid funeral bill, valid identification, and the filing fee ($231 on the Clerk's fee schedule). An estate with real property or larger assets proceeds by summary or formal administration instead; confirm current requirements on the Clerk's probate page.
Can I look up a Hernando County probate case online?
Only in part. Court records are searched through the statewide CiviTek Online Court Records Search for Hernando County (county 27), but under F.S. 28.2221(5)(a) images or copies of court records in matters governed by the Florida Probate Rules are not displayed online to the general public. The probate documents themselves are viewed at the Clerk's office in Brooksville, requested through the Clerk, or accessed through an authorized attorney, party, or registered-user account. To confirm a filing you can also call the probate line at (352) 540-6366.
Can I appear remotely for a Hernando County probate hearing?
Often yes. The Fifth Judicial Circuit publishes virtual (Zoom) hearing resources, and non-evidentiary probate hearings are commonly heard remotely. Whether a remote appearance is available depends on the matter and the assigned judge, so check the judge's procedures when a hearing is set.
Do I have to travel to Brooksville to settle an estate there?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, and papers can be mailed to the Clerk at 20 North Main Street, Brooksville, FL 34601. Where a hearing is required, the Fifth Judicial Circuit commonly holds non-evidentiary probate hearings by Zoom, subject to the assigned judge's procedures.
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.