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Lafayette County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Third Judicial Circuit, Lafayette County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Steve Land), Probate and Guardianship Department |
| Courthouse | 120 West Main Street, Mayo, FL 32066 |
| Mailing address | Lafayette County Clerk of the Circuit Court, P.O. Box 88, Mayo, FL 32066 |
| Phone | (386) 294-1600 |
| Fax | (386) 294-4231 |
| [email protected] | |
| Office hours | Monday to Friday, 8:00 AM to 5:00 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). Counties add mandatory statutory charges on top of the base, so confirm the current total with the Clerk before filing. |
| Local probate forms | None. The Clerk publishes no local probate forms, and Florida publishes no statewide self-help probate form set; 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 Lafayette County (county 34), with a public anonymous access option |
| Remote appearance | The Third Judicial Circuit conducts some hearings by Zoom or Microsoft Teams; ask Judge Jackson's judicial assistant at (386) 294-1555 whether a remote appearance is available for your matter |
| Website | https://www.lafayetteclerk.com |
Before you begin — know the assets and liabilities
Before you file anything in Lafayette 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 Mayo or rural Lafayette 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 Third Judicial Circuit serves Lafayette County along with Columbia, Dixie, Hamilton, Madison, Suwannee, and Taylor counties. Within Lafayette, the court covers the whole county, including Mayo (the county seat), Day, and the surrounding rural communities. Lafayette probate matters are filed with the Clerk of the Circuit Court at the courthouse at 120 West Main Street in Mayo. The county's resident judge, Judge Darren K. Jackson, hears guardianship and probate matters as an acting circuit judge, so a Lafayette estate is both filed and heard in Mayo.
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 Lafayette 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 Lafayette 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 Lafayette has no local 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 counter at 120 West Main Street, Mayo, or by mail to P.O. Box 88, Mayo, FL 32066.
- 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. The petition is presented to a Third Judicial Circuit judge; in Lafayette County guardianship and probate matters are heard by Judge Darren K. Jackson as an acting circuit judge. Ask the judge's judicial assistant at (386) 294-1555 whether the matter can be handled by Zoom or Microsoft Teams.
- 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 Lafayette County
Lafayette County 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 Clerk's TurboCourt do-it-yourself service covers only domestic violence, family law, and eviction matters, not probate, and its online fee calculators cover only recording and tax fees. 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 Mayo counter needs, call the Clerk of the Circuit Court at (386) 294-1600.
| Resource | What it provides |
|---|---|
| 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 |
| Lafayette County Clerk of the Circuit Court, Court Services | Local intake questions, filing in person or by mail, hours, and the Probate and Guardianship Department contact |
Local nuance
Lafayette County-specific considerations
One resident judge hears probate in Mayo. Lafayette County has a single resident judge, Judge Darren K. Jackson, the Lafayette County Judge, who also sits as an acting circuit judge for guardianship and probate. Lafayette probate matters are both filed and heard in Mayo rather than sent to another county in the circuit. His judicial assistant, Donna Moore, can be reached at (386) 294-1555.
File to a post office box or at the counter. The Clerk's physical courthouse is 120 West Main Street, Mayo, but mail is directed to P.O. Box 88, Mayo, FL 32066. Attorneys e-file through the statewide portal; a self-represented filer may e-file, mail the papers to the post office box, or file in person at the counter.
Case search runs through the statewide CiviTek system. Lafayette County does not run its own docket portal. Court records are searched through the statewide CiviTek Online Court Records Search for Lafayette County (county 34), 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 Lafayette County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Mayo or rural Lafayette 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; in a formal administration she is appointed personal representative and 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 Lafayette Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Mayo. | 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. Judge Jackson hears the matter in Mayo. | 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 |
|---|---|
| Lafayette County Clerk of the Circuit Court, (386) 294-1600 (lafayetteclerk.com) | The filing office for probate; local intake questions, filing by mail or in person, hours, case search, and the Probate and Guardianship Department |
| Third Judicial Circuit of Florida (thirdcircuitfl.org) | Court administration for Lafayette County, judicial assignments, and general information on remote hearings |
| 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, Lake City office (trls.org) | Free civil legal help for income-eligible residents, serving the Third Judicial Circuit including Lafayette County |
| 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 Lafayette 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 Lafayette County and the Third 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, Lafayette County real estate, and unclaimed property, so you know the estate's value for estate settlement 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 Mayo 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 Lafayette County and the Third 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 Lafayette County?
With the Clerk of the Circuit Court at the Lafayette County courthouse, 120 West Main Street, Mayo, FL 32066, or by mail to P.O. Box 88, Mayo, FL 32066. Lafayette is in the Third Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court.
Do I have to e-file probate in Lafayette 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 Mayo or by mail to the Clerk's post office box.
Do I need an attorney for probate in Lafayette 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 Lafayette administrations are handled through counsel.
Who hears probate cases in Lafayette County?
Lafayette County's resident judge, Judge Darren K. Jackson, hears guardianship and probate matters as an acting circuit judge, so these cases are heard locally in Mayo. His judicial assistant can be reached at (386) 294-1555.
Can I appear remotely for a Lafayette County probate hearing?
Sometimes. The Third Judicial Circuit conducts some hearings by Zoom or Microsoft Teams. Whether a remote appearance is available depends on the matter, so ask Judge Jackson's judicial assistant at (386) 294-1555 when a hearing is set.
Can I look up a Lafayette County probate case online?
Yes. Court records are searched through the statewide CiviTek Online Court Records Search for Lafayette County (county 34), which offers a public anonymous access option. To confirm a filing you can also call the Clerk of the Circuit Court at (386) 294-1600.
What forms do I need for probate in Lafayette County?
Lafayette County publishes no local probate forms, and Florida publishes no statewide self-help probate form set. Probate filings are petitions prepared under the Florida Probate Rules, and in most cases an attorney prepares the petition. The Clerk's TurboCourt do-it-yourself service does not include probate.
What does it cost to file probate in Lafayette 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 (386) 294-1600 before filing.
Do I have to travel to Mayo 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 P.O. Box 88, Mayo, FL 32066. Where a hearing is required, ask Judge Jackson's judicial assistant at (386) 294-1555 whether it can be held by Zoom or Microsoft Teams.
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.