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Suwannee County, FL Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Third Judicial Circuit, Suwannee County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Barry Baker), probate department |
| Courthouse | 200 South Ohio Avenue, Live Oak, FL 32064 |
| Mailing address | Same as the courthouse: the Clerk's contact page publishes 200 S. Ohio Ave., Live Oak, FL 32064 as its main mailing address |
| Phone | (386) 362-0500 (Clerk switchboard); (386) 362-0589 (probate, per the Clerk's phone directory) |
| None published for court-case questions; the Clerk routes written inquiries through its online public-records portal, so call (386) 362-0500 instead | |
| Office hours | Monday to Friday, 8:00 AM to 4:30 PM (the Clerk's published office hours) |
| Filing fee | Per the Clerk's published fee schedule (printed effective January 1, 2021; posted copy verified July 2026): formal administration $400; summary administration $345 for an estate of $1,000 or more, $235 under $1,000; disposition of personal property without administration $231. The totals reflect the statutory service charges under F.S. 28.2401 plus mandatory statutory add-ons; confirm the current total with the Clerk before filing. |
| Local probate forms | None. The Clerk 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. The Clerk's Estates page does publish plain-language guidance on will deposit and the smallest-estate path |
| E-filing | Through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com), which the Clerk's own site links for e-filing; mandatory for attorneys, optional for self-represented filers, who may also file on paper at the Clerk's counter |
| Online case search | None. The Clerk's site states that court records are not available online; only recorded Official Records (deeds and similar documents) are searchable online. For the status of a probate case, call the Clerk's probate line at (386) 362-0589 |
| Remote appearance | The Third Judicial Circuit conducts some hearings by Zoom or Microsoft Teams and publishes connection instructions at thirdcircuitfl.org; ask Third Circuit court administration at (386) 758-2163 whether a remote appearance is available for your matter |
| Website | https://www.suwgov.org |
Before you begin — know the assets and liabilities
Before you file anything in Suwannee 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 Live Oak, Branford, or rural Suwannee 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 Suwannee County along with Columbia, Dixie, Hamilton, Lafayette, Madison, and Taylor counties. Within Suwannee, the court covers the whole county, including Live Oak (the county seat), Branford, and the surrounding rural communities such as Wellborn, McAlpin, O'Brien, and Dowling Park. Suwannee probate matters are filed with the Clerk of the Circuit Court at the courthouse at 200 South Ohio Avenue in Live Oak. The Third Judicial Circuit publishes judicial assignments for Suwannee County listing four judges, two of them officed in Live Oak, and its published assignments place guardianships and probate with County Judge Jennifer K. Griffin, who hears those matters as acting circuit judge. Assignments change, so confirm with the Clerk's probate line at (386) 362-0589 which judge is assigned to your matter.
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 Suwannee County for a decedent who lived here. There is no separate probate department of the court; 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. The custodian of a will must deposit it with the Clerk of the Circuit Court within 10 days after learning of the death (F.S. 732.901). The Suwannee Clerk asks for the date of death or the last four digits of the decedent's Social Security number with the deposit; there is no charge, and a receipt, if requested, is $7.00 (Clerk's published figure, verified July 2026).
- 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 Suwannee 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 Suwannee 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), which the Clerk's own site links. A self-represented filer may register and e-file through the portal or file on paper at the Clerk's counter or by mail; the Clerk publishes 200 S. Ohio Ave., Live Oak, FL 32064 as both its street and main mailing address.
- Pay the filing fee. Per the Clerk's published fee schedule (printed effective January 1, 2021; verified July 2026), formal administration is $400, summary administration is $345 for an estate of $1,000 or more ($235 under $1,000), and disposition of personal property without administration is $231. The totals reflect the statutory service charges under F.S. 28.2401 plus mandatory statutory 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 the assigned judge at the Suwannee County courthouse in Live Oak. Ask Third Circuit court administration at (386) 758-2163 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 Suwannee County
Suwannee 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 menu carries expungement, redaction, deed, and marriage forms but nothing for probate, and its court-related self-help link goes to the circuit's family-law oriented resources. What the Clerk does publish is plain-language guidance on its Estates page: how to deposit an original will (required within 10 days of learning of the death, with no charge), and the paperwork required to file a disposition of personal property without administration (F.S. 735.301), the smallest-estate path: an itemized paid funeral bill, paid receipts for medical expenses from the last 60 days, a statement describing the asset to be released, the filer's identification, and the filing fee. 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 Live Oak counter needs, call the Clerk's probate line at (386) 362-0589 or the switchboard at (386) 362-0500.
| 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 |
| Suwannee County Clerk of the Circuit Court, Estates | The Clerk's probate page: will deposit, the disposition of personal property without administration checklist, and local intake questions |
| Suwannee County Clerk fee schedule (PDF) | The Clerk's published fee schedule, with the current probate totals for each filing type |
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 Suwannee County Clerk publishes its own fee schedule with a probate section (printed effective January 1, 2021; posted copy verified July 2026).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration (also guardianship, curatorship, and conservatorship) | $400.00 | Suwannee County Clerk published fee schedule |
| Summary administration, estate value $1,000 or more | $345.00 | Suwannee County Clerk published fee schedule |
| Summary administration, estate value under $1,000 | $235.00 | Suwannee County Clerk published fee schedule |
| Disposition of personal property without administration | $231.00 | Suwannee County Clerk published fee schedule |
| Opening any other estate (including foreign wills and petitions to open a safe-deposit box) | $231.00 | Suwannee County Clerk published fee schedule |
| Caveat | $41.00 | Suwannee County Clerk published fee schedule |
| Notice of trust | $41.00 | Suwannee County Clerk published fee schedule |
| Reopening a closed estate | $50.00 | Suwannee County Clerk published fee schedule |
The full schedule, including the verified-inventory charge and tiered guardianship accounting fees, is posted as a PDF on the Clerk's Court Services page at suwgov.org. Two smaller figures from the Clerk's Estates page are worth knowing: depositing an original will costs nothing, and a receipt for the deposit, if requested, is $7.00. Fees change with legislative sessions, so confirm the current total with the Clerk at (386) 362-0500 before filing.
Local nuance
Suwannee County-specific considerations
Court records are not online. Unlike most Florida counties, Suwannee offers no online court-case search: the Clerk's own site states that court records are not available online, and the county does not appear in the statewide CiviTek Online Court Records Search. The Clerk's online records search covers only recorded Official Records, such as deeds and judgments. To check the status or existence of a probate case, call the Clerk's probate line at (386) 362-0589 or the switchboard at (386) 362-0500, or submit a request through the Clerk's online public-records portal.
Probate is assigned to the county judge sitting as acting circuit judge. The Third Judicial Circuit publishes judicial assignments for Suwannee County listing four judges: Circuit Judges Wesley R. Douglas and Mark E. Feagle, officed in Lake City; Circuit Judge Kathryn R. Land, officed at the courthouse in Live Oak; and County Judge Jennifer K. Griffin, also officed at the Live Oak courthouse. The circuit's published assignments place guardianships and probate with Judge Griffin, who hears them as acting circuit judge because probate is a circuit-court matter. Assignments change, and any Third Circuit judge may be assigned a case after a recusal, so confirm with the Clerk's probate line at (386) 362-0589 or Third Circuit court administration at (386) 758-2163 which judge has your matter and how a hearing is scheduled.
The Clerk publishes real guidance for will deposits and the smallest estates. The original will of a Suwannee County decedent must be deposited with the Clerk within 10 days after learning of the death (F.S. 732.901); the Clerk asks for the date of death or the last four digits of the decedent's Social Security number, charges nothing for the deposit, and issues a receipt for $7.00 if one is requested. For a disposition of personal property without administration (F.S. 735.301), the Clerk's Estates page lists exactly what to bring: an itemized paid funeral bill, paid receipts for medical expenses from the last 60 days, a statement describing the asset, identification, and the filing fee. The court then enters an order allowing or disallowing the release of the assets.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Suwannee County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Live Oak, Branford, or rural Suwannee County home was the decedent's homestead, Florida homestead protections usually let it pass to the surviving spouse outside the probate estate, often confirmed by a petition to determine homestead status filed with the Clerk of the Circuit Court. If other assets must be administered, the spouse (through counsel, unless she is the sole interested person under Fla. Prob. R. 5.030) files a summary or formal administration and is issued Letters of Administration. | Asset discovery to confirm how title is held and what else is in the estate. Packet generation for the qualifying paperwork. A vetted attorney referral where Fla. Prob. R. 5.030 requires counsel. |
| Out-of-state adult child, small estate | A smaller estate that meets the statewide threshold can proceed by summary administration under F.S. 735.201, which appoints no personal representative and ends in an order distributing the assets; a very limited estate with no real property may qualify for disposition of personal property without administration (F.S. 735.301), and the Suwannee Clerk publishes a checklist of the paperwork for that path. Both are filed with the Suwannee Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Live Oak. | Asset discovery to confirm the estate qualifies and to locate accounts from out of state. Packet generation for the petition, prepared in advance so an out-of-state filer can proceed largely remotely. |
| Parent settling a predeceased child's estate, home must be sold | Because the estate holds real property that must be sold, it generally proceeds through formal administration under F.S. Chapter 733: the parent, represented by counsel under Fla. Prob. R. 5.030, petitions the Clerk of the Circuit Court, is appointed personal representative, receives Letters of Administration, and can then sell the home and distribute the proceeds. The matter is heard at the Suwannee County courthouse in Live Oak by the judge assigned to it. | 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 |
|---|---|
| Suwannee County Clerk of the Circuit Court, (386) 362-0500 (suwgov.org) | The filing office for probate; local intake questions, will deposit, the published fee schedule, and the probate line at (386) 362-0589 |
| Third Judicial Circuit of Florida, court administration (386) 758-2163 (thirdcircuitfl.org) | Court administration for Suwannee County, published judicial assignments, court calendars, and Zoom and Microsoft Teams connection instructions |
| 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, (386) 752-5960 (trls.org) | Free civil legal help for income-eligible residents, serving the Third Judicial Circuit including Suwannee County, from its office at 334 NW Lake City Avenue, Lake City |
| 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. The Suwannee Clerk's own probate page puts it plainly: it is important, and typically required, that the personal representative of an estate have legal representation. Because most Suwannee 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 Suwannee 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, Suwannee County real estate, and unclaimed property, so you know the estate's value and which Florida estate settlement path fits before you file.
Generate the probate packet. Sunset assembles the petition and supporting paperwork for your path, ready to file with the Clerk of the Circuit Court in Live Oak 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 Suwannee 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 Suwannee County?
With the Clerk of the Circuit Court at the Suwannee County courthouse, 200 South Ohio Avenue, Live Oak, FL 32064; the Clerk publishes that address as both its street and main mailing address. Suwannee 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 Suwannee County?
Attorneys must e-file through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com, which the Clerk's own site links for e-filing. A self-represented filer may register and e-file through the same portal or file on paper at the Clerk's counter in Live Oak or by mail.
Do I need an attorney for probate in Suwannee 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. The Suwannee Clerk's probate page itself states that legal representation is typically required for a personal representative.
Who hears probate cases in Suwannee County?
Probate petitions are heard at the Suwannee County courthouse in Live Oak. The Third Judicial Circuit's published judicial assignments for Suwannee County place guardianships and probate with County Judge Jennifer K. Griffin, who hears those matters as acting circuit judge; the county's other assigned judges include Circuit Judge Kathryn R. Land, also officed at the Live Oak courthouse. Assignments change, so ask the Clerk's probate line at (386) 362-0589 or Third Circuit court administration at (386) 758-2163 which judge is assigned to your matter.
Can I appear remotely for a Suwannee County probate hearing?
Sometimes. The Third Judicial Circuit conducts some hearings by Zoom or Microsoft Teams and publishes connection instructions at thirdcircuitfl.org. Whether a remote appearance is available depends on the matter and the assigned judge, so ask Third Circuit court administration at (386) 758-2163 when a hearing is set.
Can I look up a Suwannee County probate case online?
No. The Clerk's site states that court records are not available online, and Suwannee County does not appear in the statewide CiviTek Online Court Records Search. Only recorded Official Records, such as deeds, are searchable online. To confirm a probate filing or check a case's status, call the Clerk's probate line at (386) 362-0589 or submit a request through the Clerk's online public-records portal.
What forms do I need for probate in Suwannee County?
Suwannee 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 Estates page does publish a checklist of the paperwork required for a disposition of personal property without administration, the smallest-estate path, and explains how to deposit an original will.
What does it cost to file probate in Suwannee County?
Per the Clerk's published fee schedule (printed effective January 1, 2021; posted copy verified July 2026), formal administration is $400, summary administration is $345 for an estate of $1,000 or more ($235 under $1,000), and disposition of personal property without administration is $231. The totals reflect the statutory service charges under F.S. 28.2401 plus mandatory statutory add-ons; confirm the current total with the Clerk at (386) 362-0500 before filing.
How do I deposit a will with the Suwannee County Clerk?
Bring or mail the original will to the Clerk of the Circuit Court at 200 South Ohio Avenue, Live Oak, FL 32064, within 10 days after learning of the death (F.S. 732.901), along with the date of death or the last four digits of the decedent's Social Security number if available. No attorney is needed and there is no charge to deposit a will; a receipt, if requested, is $7.00. Depositing the will does not by itself open a probate case.
Do I have to travel to Live Oak 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 200 S. Ohio Ave., Live Oak, FL 32064. Where a hearing is required, ask Third Circuit court administration at (386) 758-2163 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.