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Marion County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Fifth Judicial Circuit, Marion County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Gregory C. Harrell) |
| Courthouse | 110 NW 1st Avenue, Ocala, FL 34475 |
| Mailing address | Marion County Clerk of the Circuit Court and Comptroller, PO Box 1030, Ocala, FL 34478 |
| Phone | (352) 671-5658 (probate department, Main Courthouse Room 202); (352) 671-5604 (the Clerk's main line) |
| [email protected] (the probate department inbox published on the Clerk's office directory) | |
| Office hours | Monday to Friday, 8:00 AM to 5:00 PM; closed legal holidays |
| Filing fee | Per the Clerk's published Schedule of Service Charges (dated January 20, 2023, verified July 2026): 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. These totals reflect the statutory service charges of F.S. 28.2401 ($395 formal, $340 summary of $1,000 or more, plus a $4 additional charge) plus mandatory add-ons; confirm the current total with the Clerk before filing. See the fees section below |
| Local probate forms | None. The Clerk's forms page publishes no 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 | The Clerk's court records search is the statewide CiviTek Online Court Records Search for Marion County (county 42), which lets the public search the docket by party name or case number. Under F.S. 28.2221(5)(a), images of records governed by the Florida Probate Rules are not displayed online to the general public: view documents in person at the Clerk's office, request copies through the Clerk, or use an authorized attorney, party, or registered-user account |
| Remote appearance | The Fifth Judicial Circuit publishes Zoom resources for court proceedings; whether a probate hearing can be heard remotely depends on the matter and the assigned judge's procedures (Fla. R. Gen. Prac. & Jud. Admin. 2.530) |
| Website | https://www.marioncountyclerk.org |
Before you begin — know the assets and liabilities
Before you file anything in Marion 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 Ocala, Belleview, Dunnellon, or elsewhere in Marion 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 Marion County along with Citrus, Hernando, Lake, and Sumter counties, with circuit administration in Ocala, which is also the Marion County seat. Within Marion, the court covers the whole county, including Ocala, Belleview, Dunnellon, Silver Springs, Silver Springs Shores, Marion Oaks, Ocklawaha, Reddick, and the Marion County portion of The Villages. Marion probate matters are filed with the Clerk of the Circuit Court at the courthouse at 110 NW 1st Avenue in Ocala, and Marion 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 Marion County for a decedent who lived here. There is no separate probate courthouse; probate is heard by the judges assigned to the Circuit Court's probate division in Ocala.
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 Marion County the original will is deposited on paper, in person at the Clerk's counter at 110 NW 1st Avenue, Ocala, or by mail to PO Box 1030, Ocala, FL 34478; there is no fee to deposit a 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 Marion 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 Marion County has no local probate 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 110 NW 1st Avenue, Ocala.
- Pay the filing fee. The Marion Clerk's published Schedule of Service Charges lists $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 (dated January 20, 2023, verified July 2026). These totals reflect the statutory service charges of F.S. 28.2401 plus mandatory add-ons; confirm the current total with the Clerk before filing.
- 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 sitting in Marion County. The circuit publishes Zoom resources for court proceedings, and remote appearance is governed by Fla. R. Gen. Prac. & Jud. Admin. 2.530; ask the assigned judge's office whether your matter will be heard by Zoom or in person in Ocala.
- 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 Marion County
Marion 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 forms page covers civil, family, eviction, small-claims, traffic, and records filings, not probate; its probate page describes the documents commonly required to open a disposition of personal property without administration (an affidavit or letter, the death certificate, a funeral home statement, and notarized consents) but publishes no downloadable probate form. 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 Ocala counter needs, call the Clerk's probate department at (352) 671-5658 or email [email protected].
| Resource | What it provides |
|---|---|
| Marion County Clerk of the Circuit Court, probate | Local intake questions, filing in person or by mail, the original will deposit, disposition of personal property without administration, hours, and the probate contact |
| 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. The Marion County Clerk's own published totals are below.
| Filing | Fee | Authority |
|---|---|---|
| Formal administration (also ancillary administration, curatorship, or conservatorship) | $400.00 | Marion Clerk Schedule of Service Charges (marioncountyclerk.org), dated January 20, 2023, verified July 2026 |
| Summary administration, estate value $1,000 or more | $345.00 | Marion Clerk Schedule of Service Charges (marioncountyclerk.org), dated January 20, 2023, verified July 2026 |
| Summary administration, estate value under $1,000 | $235.00 | Marion Clerk Schedule of Service Charges (marioncountyclerk.org), dated January 20, 2023, verified July 2026 |
| Disposition of personal property without administration | $231.00 | Marion Clerk Schedule of Service Charges (marioncountyclerk.org), dated January 20, 2023, verified July 2026 |
| Caveat or notice of trust | $41.00 | Marion Clerk Schedule of Service Charges (marioncountyclerk.org), dated January 20, 2023, verified July 2026 |
| Reopening a closed probate case | $50.00 | Marion Clerk Schedule of Service Charges (marioncountyclerk.org), dated January 20, 2023, verified July 2026 |
| Depositing a will | No fee | Marion Clerk Schedule of Service Charges (marioncountyclerk.org), dated January 20, 2023, verified July 2026 |
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. Certified copies of a will or other court record cost $1.00 per page plus $2.00 per document certification. The Schedule of Service Charges is dated January 20, 2023, so confirm the current total on the Clerk's fee schedule or by calling the probate department at (352) 671-5658 before filing.
Local nuance
Marion County-specific considerations
A county law library with probate materials. Marion County has a public law library that most rural counties in the circuit lack. The Marion County Law Library, in the Donald Bradshaw Building at 110 NW 1st Avenue, Ocala, is open to the public at no charge Monday to Friday, 8:00 AM to 4:30 PM ((352) 401-7841), and holds self-help materials for probate and guardianship, many with sample forms that can be copied and adapted, along with state and federal statutes, case law, and a Westlaw subscription; copies cost $0.15 per page. The library provides legal information, not legal advice.
Probate dockets are searchable online; document images are not. The Marion County Clerk's court records search is the statewide CiviTek Online Court Records Search for Marion County (county 42), which lets the public search cases by party name or case number, so you can confirm online that a Marion estate has been opened. Under F.S. 28.2221(5)(a), the Clerk may not place images or copies of records governed by the Florida Probate Rules on a public website for general public display. To read the documents in a Marion probate file, view them in person at the Clerk's office at 110 NW 1st Avenue, Ocala, request copies through the Clerk, or use an authorized attorney, party, or registered-user account. The Clerk's official records portal on the nvweb.marioncountyclerk.org host holds recorded property documents, not court files.
The courthouse self-help center handles family law only. The Fifth Judicial Circuit's Marion County Citizens Self-Help Center, now located inside the Marion County Law Library on the first floor of the courthouse at 110 NW 1st Avenue ((352) 401-6717), assists self-represented litigants with domestic relations (family law) matters only, and provides procedural information rather than legal advice. It offers no probate forms or probate assistance; for probate, petitions are prepared under the Florida Probate Rules, in most cases by an attorney.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Marion County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the home in Ocala, Belleview, Dunnellon, or elsewhere in Marion 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). Both are filed with the Marion Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Ocala. | 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 Fifth Judicial Circuit uses Zoom for some hearings, subject to the assigned judge's procedures. | 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 |
|---|---|
| Marion County Clerk of the Circuit Court, probate department (352) 671-5658, [email protected] (marioncountyclerk.org) | The filing office for probate; local intake questions, filing by mail or in person, hours, the original will deposit, court records, and the published Schedule of Service Charges |
| Marion County Law Library, Donald Bradshaw Building, 110 NW 1st Avenue, Ocala, (352) 401-7841 (circuit5.org) | A public law library with probate and guardianship self-help materials, statutes, case law, and Westlaw; open to the public Monday to Friday, 8:00 AM to 4:30 PM, copies $0.15 per page; legal information, not legal advice |
| Fifth Judicial Circuit of Florida (circuit5.org) | Court administration for Marion County, judicial assignments, Zoom resources, and general court information |
| Marion County Citizens Self-Help Center, inside the law library on the first floor of the courthouse, (352) 401-6717 (circuit5.org) | The circuit's self-help office for self-represented litigants; it provides procedural help with domestic relations (family law) matters only and offers no probate forms or legal advice |
| 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, Ocala office, 1610 SE 36th Avenue, (352) 629-0105 or (800) 405-1417 (legalaccessforall.org) | Free civil legal help for income-eligible residents; the Ocala office serves Marion County, and its practice areas include wills, estates, and powers of attorney |
| 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 Marion 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 Marion 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, Marion 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 Ocala 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 Marion 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 Marion County?
With the Clerk of the Circuit Court at the Marion County courthouse, 110 NW 1st Avenue, Ocala, FL 34475; mail goes to PO Box 1030, Ocala, FL 34478. Marion 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 Marion 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 Ocala.
Do I need an attorney for probate in Marion 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 Marion administrations are handled through counsel.
Can I look up a Marion County probate case online?
You can find the case, but not read the papers. The Clerk's court records search is the statewide CiviTek Online Court Records Search for Marion County (county 42), which lets the public search the docket by party name or case number. Under F.S. 28.2221(5)(a), however, images of records governed by the Florida Probate Rules are not displayed online to the general public: view the documents in person at the Clerk's office in Ocala, request copies through the probate department at (352) 671-5658, or use an authorized attorney, party, or registered-user account.
Can I appear remotely for a Marion County probate hearing?
Sometimes. The Fifth Judicial Circuit publishes Zoom resources for court proceedings, and remote appearance is governed by Fla. R. Gen. Prac. & Jud. Admin. 2.530. 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.
What forms do I need for probate in Marion County?
Marion County publishes no local probate forms, and Florida publishes no statewide self-help probate form set; the Fifth Judicial Circuit's self-help center offers family law forms only, though the Marion County Law Library keeps probate self-help materials. Probate filings are petitions prepared under the Florida Probate Rules, and in most cases an attorney prepares the petition.
What does it cost to file probate in Marion County?
Per the Clerk's published Schedule of Service Charges (dated January 20, 2023), $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 (verified July 2026). The schedule also lists $41.00 for a caveat or notice of trust and $50.00 to reopen a closed case. These totals reflect the statutory service charges of F.S. 28.2401 plus mandatory add-ons; confirm the current total on the Clerk's fee schedule or by calling the probate department at (352) 671-5658 before filing. Depositing a will costs nothing.
Where do I deposit the original will in Marion County?
The custodian of a will must deposit the original with the Clerk of the Circuit Court within 10 days of learning of the death (F.S. 732.901). In Marion County the original will is deposited on paper, in person at the Clerk's counter at 110 NW 1st Avenue, Ocala, or by mail to PO Box 1030, Ocala, FL 34478; there is no deposit fee.
Do I have to travel to Ocala 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 PO Box 1030, Ocala, FL 34478. Where a hearing is required, ask the assigned judge's office whether it can be held by Zoom; the Fifth Judicial Circuit publishes Zoom resources, and remote appearance depends on the matter and the 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.