Volusia County probate is heard in the Seventh Judicial Circuit, which also serves Flagler, Putnam and St. Johns counties. The Clerk's Probate and Guardianship division is based at the DeLand courthouse, with a second counter in Daytona Beach. Formal administration costs $400 to open with the Clerk. We meet Volusia clients in Orlando or by video.
Volusia County is a mix of beach towns along the Atlantic and inland communities around DeLand, the county seat. Many people here retired from somewhere else, and many of their children live out of state. So the calls we hear most often from Volusia are about probate: a parent has died in Ormond Beach or Port Orange, and a son or daughter several states away has to work out where the will goes and how the estate gets opened. This page covers those local steps first, then the planning that makes the next transfer easier.
Communities we serve in Volusia County
- Daytona Beach
- DeLand
- Ormond Beach
- Port Orange
- New Smyrna Beach
- DeBary and Deltona
Where Volusia County probate happens
The Seventh Judicial Circuit serves Volusia, Flagler, Putnam and St. Johns counties. For Volusia, the Clerk of the Circuit Court runs a Probate and Guardianship division with two public counters:
| Location | Address |
|---|---|
| Volusia County Courthouse (main probate office) | 101 N. Alabama Ave., DeLand |
| Daytona Beach courthouse counter | 125 E. Orange Ave., Daytona Beach |
Probate cases in Volusia carry a DeLand case number suffix and are handled under a standing order for probate and guardianship cases in the circuit's Division 10. Under that order, hearings are scheduled through the judge's judicial assistant, hearings of an hour or more and evidentiary hearings are held in person, shorter hearings may be held by video, and proposed orders are sent by email in an editable format rather than through the e-filing portal. Those are small details, but they decide how quickly an estate moves.
Step by step: a death in Volusia County
- Deposit the original will. Section 732.901 requires whoever holds the original will to deposit it with the clerk within 10 days after learning of the death, with the date of death or the last four digits of the person's Social Security number. The Volusia Clerk states there is no fee to deposit a will when no probate is opened, and that it keeps deposited originals for at least 20 years.
- Choose the right proceeding. Summary administration is generally available when the non exempt estate is $150,000 or less, or when the person died more than two years ago. Formal administration covers larger or more involved estates. Some very small estates qualify for disposition of personal property without administration.
- Open the estate. The Clerk publishes its filing fees: $400 for formal administration, $345 for summary administration of an estate of $1,000 or more, $235 for one under $1,000, and $231 for disposition without administration.
- Notify creditors and settle. In formal administration the personal representative publishes a notice to creditors, who generally have three months from first publication to file claims. Then valid claims are paid, the property is distributed and the estate is closed.
A personal representative in Florida generally must be represented by a Florida attorney. Nonresidents can serve only if they are close relatives of the person who died, such as a child, parent, spouse or sibling (section 733.304). Our Florida probate administration page explains each stage in more detail.
Planning for a Volusia County home
Most Volusia plans center on a home, and the county's own offices set some of the rules:
- Deeds are recorded with the Clerk. Official Records accepts deeds in person at the DeLand courthouse, by mail, electronically, or through a drop box outside the Daytona Beach courthouse. Recording costs $10 for the first page and $8.50 for each additional page.
- Homestead after a trust transfer. The Volusia County Property Appraiser treats a deed into a trust as a change of ownership, so the homestead exemption must be applied for again, and for a home titled in a trust it asks for the entire trust agreement. The application is due by March 1 (section 196.011). If we prepare a deed into your revocable living trust, we plan that refiling with you.
- Fraud alerts. The Clerk offers a free Property Fraud Alert that notifies you when a document is recorded under a name you register.
The Florida Constitution also protects a homestead from most creditors and limits how it can be left by will when a spouse or minor child survives. Our Florida homestead planning page explains those rules, and our post on how to avoid probate in Florida compares the tools families use.
Documents most Volusia families consider
- A Florida will, signed at the end before two witnesses, naming your beneficiaries and personal representative.
- A revocable living trust with a pour over will, so assets titled in the trust pass without probate.
- A durable power of attorney, signed before two witnesses and a notary.
- A health care surrogate designation and a living will, each signed before two adult witnesses.
If your children live out of state, think carefully about who can serve. Naming a child who qualifies under Florida's nonresident rule, plus a backup, keeps the plan workable.
How we work with Volusia County clients
Volusia clients can meet with an attorney at our Orlando office, about an hour from Daytona Beach and DeLand, or by phone or video. Video works well for personal representatives who live out of state. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. If the estate or your family is also connected to the Orlando area, our Orange County page covers the local steps there. Contact us to talk it through.
