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Volusia County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Seventh Judicial Circuit, Volusia County; probate is a division of the Circuit Court (Division 10, probate and guardianship), not a separate court |
| Filing office | Clerk of the Circuit Court, Volusia County (Laura E. Roth) |
| Courthouse | Volusia County Courthouse, 101 North Alabama Avenue, DeLand, FL 32724; the Clerk's Probate division is on the 2nd Floor, Room A222, and probate hearings are held in DeLand |
| Second probate counter | Steven C. Henderson Judicial Center, 125 East Orange Avenue, Daytona Beach, FL 32114, 1st Floor, Room 100, (386) 257-6000 extension 15914; the S. James Foxman Justice Center in Daytona Beach handles criminal matters only, not probate |
| Mailing address | Clerk of Court, P.O. Box 6043, DeLand, FL 32721-6043 |
| Phone | (386) 736-5915 (Clerk main line); (386) 736-5914 (Probate division, DeLand) |
| Fax | (386) 822-5711 |
| None published; the Clerk routes email through the Contact Us Online form at clerk.org. For probate questions, call the Probate division at (386) 736-5914 | |
| Office hours | Monday to Friday, 8:00 AM to 4:00 PM, an earlier close than many Florida clerks; closed legal holidays |
| Filing fee | Per the Clerk's published probate fee list (clerk.org/fees-and-fines.aspx, verified July 2026): formal administration $400; summary administration $345 for an estate greater than $1,000, $235 for $1,000 or less; disposition of personal property without administration $231. The totals include the statutory service charges set by F.S. 28.2401. |
| Local probate forms | Yes. The Clerk's forms page posts a disposition of personal property without administration affidavit with instructions, a statement of claim for creditors, a will on deposit information sheet, and email-designation forms for self-represented parties. Formal and summary administration filings are attorney-prepared petitions under the Florida Probate Rules; Florida publishes no statewide self-help probate form set |
| 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 a Clerk counter or by mail |
| Online case search | The Clerk's own Case Inquiry at clerk.org/Search-Records.aspx covers probate cases; under Florida Supreme Court order AOSC 16-14 many public document images display on the docket without a login, and increased viewing permissions require a notarized Request Online Viewing application |
| Remote appearance | Under the circuit's published Division 10 standing order, non-evidentiary hearings set for less than one hour may be attended by Zoom; hearings of one hour or longer and evidentiary hearings are in person unless the court orders otherwise |
| Website | https://www.clerk.org |
Before you begin — know the assets and liabilities
Before you file anything in Volusia 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 Deltona, Daytona Beach, Port Orange, or other Volusia 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 Seventh Judicial Circuit serves Volusia County along with Flagler, Putnam, and St. Johns counties. Within Volusia, the court covers the whole county, including Deltona (the largest city), Daytona Beach, Port Orange, Ormond Beach, DeLand (the county seat), New Smyrna Beach, Edgewater, DeBary, Orange City, Holly Hill, South Daytona, Daytona Beach Shores, Ponce Inlet, Lake Helen, Oak Hill, Pierson, and unincorporated communities such as DeLeon Springs and Osteen. Probate and guardianship cases countywide are assigned to Division 10 and heard at the Volusia County Courthouse, 101 North Alabama Avenue, DeLand. Filings go to the Clerk of the Circuit Court, whose probate counters sit in DeLand (Room A222) and at the Steven C. Henderson Judicial Center in Daytona Beach (Room 100); there is no current court location in New Smyrna Beach.
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 Volusia County for a decedent who lived here, whichever Volusia city or town that was.
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. 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); the Volusia Clerk charges nothing to deposit a will and posts a will on deposit information sheet on its forms page.
- 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 Volusia 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; the Volusia Clerk's local packet is for disposition of personal property without administration, and the circuit posts probate worksheets on the Division 10 judge's page as guides to what each filing needs. Formal and summary administration papers are in most cases prepared by the attorney.
- 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, mail papers to Clerk of Court, P.O. Box 6043, DeLand, FL 32721-6043, or file in person at the Probate division counters at the Volusia County Courthouse in DeLand (Room A222) or the Steven C. Henderson Judicial Center in Daytona Beach (Room 100). A self-represented party should also file the Clerk's designation of email address form for e-service.
- Pay the filing fee. Per the Clerk's published probate fee list, formal administration is $400, summary administration is $345 for an estate greater than $1,000 or $235 for $1,000 or less, and disposition of personal property without administration is $231 (verified July 2026). The totals include the statutory service charges set by F.S. 28.2401; confirm the current figure 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). The Volusia Clerk posts a statement of claim form for creditors on its forms page.
- Attend the hearing if one is set. Volusia probate is heard in Division 10 at the Volusia County Courthouse in DeLand. Under the circuit's published standing order, hearing time is requested by email through the judicial assistant at [email protected] with the case number and time needed, and the notice of hearing must state whether the hearing is by Zoom, in a hearing room, or in a courtroom. Hearings of one hour or longer and evidentiary hearings are in person unless ordered otherwise; shorter non-evidentiary matters may be heard by Zoom.
- 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. Proposed orders in Division 10 go to the court by email in Word format, not through the e-filing portal, a step your attorney handles.
Forms and documents
Probate forms in Volusia County
Florida publishes no statewide self-help probate form set: probate filings are petitions prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530), and Florida Courts Help states that it does not provide probate forms. The Volusia Clerk does post local probate forms on its forms page: an application and affidavit for disposition of personal property without administration with its own instruction sheet, a statement of claim form for creditors, a will on deposit information sheet, and the e-service forms a self-represented party needs (a designation of email address, a request to be excused from email service, and a change of address form). There are no local packets for summary or formal administration: because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, the attorney prepares the petition and files it through the statewide portal. The Seventh Judicial Circuit separately posts probate worksheets on the Division 10 judge's page, covering formal estates, summary administration, homestead determinations, and other filings, as guides to what the court expects in each. For questions about local intake, call the Probate division at (386) 736-5914.
| Resource | What it provides |
|---|---|
| Volusia County Clerk forms page, probate section (clerk.org/forms.aspx) | The Clerk's disposition of personal property affidavit and instructions, statement of claim, will on deposit information sheet, and self-represented e-service forms |
| Volusia County Clerk, Probate & Guardianship page | The Clerk's own explanation of caveats, estates, will deposit, and the probate fee list, with the disposition application linked |
| Seventh Judicial Circuit, Division 10 judge's page (circuit7.org) | The circuit's standing order for Volusia probate and guardianship cases plus probate worksheets for formal estates, summary administration, homestead, and other filings |
| 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 and is set county by county. The Volusia County Clerk publishes its probate fee list on the fees and fines page at clerk.org; the totals are below (verified July 2026; the Clerk does not post an effective date for the probate section).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration | $400.00 | Volusia Clerk fee list, clerk.org/fees-and-fines.aspx, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate greater than $1,000 | $345.00 | Volusia Clerk fee list, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate of $1,000 or less | $235.00 | Volusia Clerk fee list, verified July 2026; statutory base F.S. 28.2401 |
| Trust administration | $400.00 | Volusia Clerk fee list, verified July 2026; statutory base F.S. 28.2401 |
| Disposition of personal property without administration | $231.00 | Volusia Clerk fee list, verified July 2026; statutory base F.S. 28.2401 |
| Caveat or trust notice | $41.00 | Volusia Clerk fee list, verified July 2026; statutory base F.S. 28.2401 |
| Opening an estate of one document or more (for example, to open a safe-deposit box or determine heirs) | $231.00 | Volusia Clerk fee list, verified July 2026; statutory base F.S. 28.2401 |
| Admitting a foreign will, authenticated or exemplified copies, to record | $231.00 | Volusia Clerk fee list, verified July 2026; statutory base F.S. 28.2401 |
| Reopening a closed probate case | $50.00 | Volusia Clerk fee list, verified July 2026 |
| Deposit of a will (no probate opened) | No charge | Volusia Clerk fee list, verified July 2026 |
Confirm the current total with the Clerk at (386) 736-5914 or on the fee list at clerk.org before filing, since counties adjust these charges over time. Certified copies, exemplified certificates, and records searches are charged separately, and the same page lists separate guardianship charges and audit fees.
Local nuance
Volusia County-specific considerations
Two probate counters, one hearing location. Volusia operates several courthouses, and probate uses two of them. The Clerk's Probate division sits at the Volusia County Courthouse, 101 North Alabama Avenue, DeLand, 2nd Floor, Room A222, (386) 736-5914, and the Clerk also staffs a probate counter at the Steven C. Henderson Judicial Center, 125 East Orange Avenue, Daytona Beach, 1st Floor, Room 100, (386) 257-6000 extension 15914, so east-side families can file in Daytona Beach. Probate hearings, though, are heard in Division 10 at the DeLand courthouse. The S. James Foxman Justice Center in Daytona Beach handles criminal cases and jury service, not probate, and there is no current court location in New Smyrna Beach. Mail goes to Clerk of Court, P.O. Box 6043, DeLand, FL 32721-6043, and the DeLand courthouse garage offers free parking.
Division 10 publishes its own standing order and worksheets. Volusia probate and guardianship cases are assigned to Division 10 of the Seventh Judicial Circuit, and the circuit publishes a standing order for the division on the assigned judge's page at circuit7.org. Under it, hearing time is requested by email through the judicial assistant at [email protected], subject line Div. 10 with the case style; hearings of one hour or longer and evidentiary hearings are in person unless ordered otherwise, while shorter non-evidentiary matters may be heard by Zoom; and proposed orders go to [email protected] in Word format rather than through the e-filing portal. The judge's page also posts probate worksheets, for formal estates, summary administration, homestead determinations, guardianships, and more, that map what the court expects in each filing.
The Clerk runs its own tiered case search. Court records are searched through the Clerk's own Case Inquiry at clerk.org/Search-Records.aspx, which covers probate along with civil, family, and criminal cases. Under Florida Supreme Court order AOSC 16-14, many public document images display automatically on the docket for anonymous users; some documents must be requested and reviewed by a clerk before online release, and increased viewing permissions require the Clerk's notarized Request Online Viewing application. The Clerk also generates a Probate Preliminary Monthly Report of newly filed estates, available with subscriber access.
Recent updates
| Date | Change | Source |
|---|---|---|
| August 2024 | The Volusia County Courthouse Annex at 125 East Orange Avenue, Daytona Beach was renamed the Steven C. Henderson Judicial Center, honoring the late Circuit Judge Steven C. Henderson. Older references to the Courthouse Annex mean this building, which houses the Clerk's Daytona Beach probate counter. | Seventh Judicial Circuit news release (circuit7.org) |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Volusia County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Deltona, Port Orange, Ormond Beach, or other Volusia 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 (the circuit posts a homestead worksheet on the Division 10 page). 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), the path with a local Volusia Clerk affidavit packet. Both are filed with the Volusia Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal and confirm filings on the Clerk's case search at clerk.org without repeated trips to DeLand. | 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. Any hearing is set in Division 10 at the DeLand courthouse; under the standing order an evidentiary hearing is in person, while a short non-evidentiary matter may be heard by Zoom. | 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 |
|---|---|
| Volusia County Clerk of the Circuit Court, (386) 736-5915 (clerk.org) | The filing office for probate; local intake questions, filing by mail or in person, hours, fees, forms, and the Probate division at (386) 736-5914 |
| Seventh Judicial Circuit of Florida (circuit7.org) | Court administration for Volusia County, the Division 10 probate standing order and worksheets, judicial assignments, and Zoom resources |
| Volusia County Clerk Case Inquiry (clerk.org/Search-Records.aspx) | The Clerk's own case search covering probate; anonymous public viewing of many document images under AOSC 16-14, with a notarized application for increased viewing permissions |
| Volusia County Law Library (vclawlib.org) | Public law library with locations at the Volusia County Courthouse in DeLand, Room B318, (386) 822-5769, and the Steven C. Henderson Judicial Center in Daytona Beach, Room 208, (386) 257-6041 |
| 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, Daytona Beach office, 1440 North Nova Road, Suite 101, (386) 255-6573, or helpline (800) 405-1417 (legalaccessforall.org) | Free civil legal help for income-eligible residents; this Central Florida legal aid organization serves Volusia County from offices in Daytona Beach and DeLand, by appointment |
| 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 Volusia 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 and submits proposed orders to Division 10 by email. 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 Volusia County and the Seventh 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, Volusia 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 through the statewide e-filing portal or on paper in DeLand or Daytona Beach.
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 Volusia County and the Seventh 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 Volusia County?
With the Clerk of the Circuit Court. Papers can be e-filed through the statewide portal, mailed to Clerk of Court, P.O. Box 6043, DeLand, FL 32721-6043, or filed in person at the Probate division at the Volusia County Courthouse, 101 North Alabama Avenue, DeLand (2nd Floor, Room A222) or at the Steven C. Henderson Judicial Center, 125 East Orange Avenue, Daytona Beach (1st Floor, Room 100). Volusia is in the Seventh Judicial Circuit, and Florida has no separate probate court.
Can I file probate papers in Daytona Beach instead of DeLand?
Yes, for filing. The Clerk staffs a probate counter at the Steven C. Henderson Judicial Center, 125 East Orange Avenue, Daytona Beach, Room 100, (386) 257-6000 extension 15914. Probate hearings, however, are heard in Division 10 at the Volusia County Courthouse in DeLand. The Foxman Justice Center in Daytona Beach is criminal only, and there is no current court location in New Smyrna Beach.
Do I have to e-file probate in Volusia 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 with the Clerk in person or by mail.
Do I need an attorney for probate in Volusia 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 Volusia administrations are handled through counsel.
Who hears probate cases in Volusia County?
Volusia probate and guardianship cases are assigned to Division 10 of the Seventh Judicial Circuit, currently before Circuit Judge Linda L. Gaustad per the circuit's published judicial assignments. Hearings are held at the Volusia County Courthouse in DeLand, and hearing time is requested by email through the judicial assistant at [email protected] or (386) 736-5945.
Can I appear remotely for a Volusia County probate hearing?
Sometimes. Under the circuit's published Division 10 standing order, non-evidentiary hearings set for less than one hour may be attended by Zoom (Fla. R. Gen. Prac. & Jud. Admin. 2.530), while hearings of one hour or longer and evidentiary hearings are in person unless the court orders otherwise. The notice of hearing must state whether the hearing is by Zoom, in a hearing room, or in a courtroom.
Can I look up a Volusia County probate case online?
Yes. The Clerk runs its own Case Inquiry at clerk.org/Search-Records.aspx, which covers probate cases. Under Florida Supreme Court order AOSC 16-14, many public document images display automatically on the docket without a login; some documents must be reviewed by a clerk before online release, and increased viewing permissions require the Clerk's notarized Request Online Viewing application. You can also call the Probate division at (386) 736-5914.
What forms do I need for probate in Volusia County?
Florida publishes no statewide self-help probate form set. The Volusia Clerk posts local forms for disposition of personal property without administration, a statement of claim, a will on deposit information sheet, and self-represented e-service forms, and the circuit posts probate worksheets on the Division 10 judge's page as guides. Summary and formal administration filings are petitions prepared under the Florida Probate Rules, in most cases by an attorney.
What does it cost to file probate in Volusia County?
Per the Clerk's published probate fee list, formal administration is $400, summary administration is $345 for an estate greater than $1,000 or $235 for $1,000 or less, and disposition of personal property without administration is $231 (verified July 2026). The totals include the statutory service charges set by F.S. 28.2401. Confirm the current figure with the Clerk at (386) 736-5914 before filing.
What happens to a will after someone dies in Volusia County?
The custodian of the will must deposit the original with the Clerk of the Circuit Court within 10 days of learning of the death, supplying the date of death or the last four digits of the decedent's Social Security number (F.S. 732.901). The Volusia Clerk charges nothing to deposit a will and posts a will on deposit information sheet on its forms page. Depositing a will does not by itself open a probate case.
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.