Marion County probate is heard in the Fifth Judicial Circuit, which also serves Citrus, Hernando, Lake and Sumter counties. Wills and probate filings go to the Clerk at the Marion County Judicial Center, 110 NW 1st Ave., Ocala. The Clerk accepts will deposits free of charge with a death certificate. We meet Marion clients in Orlando or by video.
Marion County is horse country, retirement country and a fast growing part of Central Florida all at once. Families here may own acreage outside Ocala, a home in one of the large retirement communities, or both. Many are retirees who moved from out of state, and many of their children live far away. That mix shapes the estate planning and probate questions we hear, and this page covers the parts that are specific to Marion County.
Communities we serve in Marion County
- Ocala
- Dunnellon
- Belleview
- Silver Springs Shores
- On Top of the World and the Marion County part of The Villages
Lived in The Villages? Check the county first
The Villages crosses county lines, with homes in Sumter, Marion and Lake counties. Probate is filed in the county where the person lived, so a Villages resident's estate may belong to the Marion County Clerk in Ocala, the Sumter County Clerk or the Lake County Clerk depending on the address of the home. All three counties are in the Fifth Judicial Circuit, but each keeps its own clerk, records and property appraiser. The tax bill or the property appraiser's record for the home shows which county it is in.
Where Marion County probate happens
The Fifth Judicial Circuit serves Marion, Citrus, Hernando, Lake and Sumter counties. In Marion, probate is handled at the Marion County Judicial Center, 110 NW 1st Ave. in downtown Ocala, where the Clerk's probate division accepts filings. Deeds are recorded separately, at the Clerk's Official Records office in the courthouse annex at 19 N. Pine Ave.
The judge assigned to Marion probate publishes procedures that are worth knowing before an estate is opened:
- Probate hearings are set on Tuesday and Thursday afternoons.
- Extensions of time are limited to six months, and a longer extension requires a hearing.
- Proposed orders are submitted through the E-Filing Portal in an editable Word format.
- Parties without a lawyer must be mailed copies, with a certificate filed to show it.
The six month cap matters. An estate that drifts while the family sorts out paperwork can end up in front of the judge, so it helps to have a plan for each step from the start.
If you hold the original will
Section 732.901 requires whoever holds the original will of a person who has died to deposit it with the clerk within 10 days after learning of the death. The Marion Clerk's guidance is that a death certificate must be filed with the will, that you provide the date of death or Social Security number, and that there is no fee to deposit it. You receive a Receipt for Deposit of Will. Certified copies of the will cost $1 a page plus $2 to certify.
Opening the estate
Summary administration is generally available when the non exempt estate is $150,000 or less, a limit raised from $75,000 by chapter 2026-57 effective July 1, 2026, or when the person died more than two years ago. Many guides online still quote $75,000. Larger estates go through formal administration, where creditors generally have three months from first publication of the notice to creditors to file claims. Clerk filing fees for probate are set by section 28.2401, Florida Statutes. A personal representative in Florida generally must be represented by a Florida attorney, and nonresidents can serve only if they are close relatives (section 733.304). Our Florida probate administration page walks through each stage.
Homes, acreage and trusts in Marion County
If your plan moves property into a revocable living trust, the new deed is recorded at the Clerk's Official Records office. The Clerk's free Property Alert Service, launched in 2023, emails you within 24 hours when a recorded document matches the parcel ID or name you register. It is a simple safeguard once your deed is on record.
The homestead exemption is filed with the Marion County Property Appraiser, online with a PIN or in person in Ocala, by March 1 (section 196.011). Owners of agricultural land should know that the Property Appraiser's agricultural classification guidance calls for a new application after a change of title, including a transfer into a trust. If you own acreage, we plan the deed and those filings together so the transfer does not cost you a classification or an exemption.
Homestead also carries constitutional limits on who can inherit the home when a spouse or minor child survives. Our Florida homestead planning page explains them, and our guide to avoiding probate in Florida compares trusts, joint ownership and beneficiary designations.
Documents most Marion County families consider
- A Florida will, signed at the end before two witnesses.
- A revocable living trust with a pour over will.
- A durable power of attorney, signed before two witnesses and a notary.
- A health care surrogate designation and a living will.
How we work with Marion County clients
Marion County clients can meet with an attorney at our Orlando office, about 80 miles south of Ocala, or by phone or video. Your first consultation is free. We prepare the documents, arrange a proper signing, record any deed and, for estates, handle the filings in Ocala and keep the case moving within the court's deadlines. Because the firm limits its caseload, you work directly with an attorney. If the family also has ties to Orlando, our Orange County page covers the steps there. Contact us to begin.
