Gainesville Probate Attorney

Gainesville families often come to probate with a particular mix of questions. A parent may have worked at the university for decades, owned a house near campus that was rented to students, or left heirs scattered around the country. Alachua County has an advantage here: the Eighth Judicial Circuit publishes clear written probate procedures and a long list of checklists that show exactly what the court looks for. This page explains how those rules shape an Alachua estate.

Communities we serve in Alachua County

• Gainesville
• Alachua
• High Springs
• Newberry and Archer
• Hawthorne and Micanopy

The Eighth Circuit and the probate case manager

The Eighth Judicial Circuit covers Alachua, Baker, Bradford, Gilchrist, Levy and Union counties (section 26.021, Florida Statutes). An Alachua resident's estate is filed with the Alachua County Clerk of Court. Questions about a pending case go to the circuit's probate case manager, by email to probate@circuit8.org with the full case number in the subject line, or by phone at 352 264 6991. The circuit asks people not to call the judge's office.

Five Eighth Circuit rules worth knowing

• Filing does not reach the judge. The court is not notified of new filings. It is up to the parties to place a matter before the court, either by requesting a hearing by email or by submitting a proposed order.
• Checklists speed things up. They are not mandatory, but the circuit asks attorneys to file the matching checklist with the proposed order for faster review. The public checklists are the same ones the court uses.
• Orders in Word. Proposed orders go in Word format by email or through the statewide electronic filing portal, with a certificate of service.
• Allow time. The circuit asks you to wait at least 14 days after submitting an order before following up, and notes that docketing can take 7 to 10 days in some counties.
• Many hearings are remote. Your notice says whether a hearing is by Zoom or in person. Attending an in person hearing remotely requires a motion at least 10 days ahead.

Original wills and other paper originals are deposited directly with the Clerk, never sent to the judge or case manager. Under section 732.901, that deposit is due within 10 days after the custodian learns of the death.

Summary administration in Alachua

The Eighth Circuit's self help petition for summary administration already reflects the current law: the non exempt estate must be less than $150,000, or the person must have died more than two years ago. That limit was raised from $75,000 by chapter 2026-57 effective July 1, 2026. The circuit also posts separate checklists for a summary administration that includes a homestead and for a summary administration where the will was already probated in another state. Formal administration requires a Florida attorney for the personal representative under Florida Probate Rule 5.030(a), which the circuit's own page repeats.

For matters a family can handle without a lawyer, the circuit's Self Help Center keeps commonly used forms for pickup, and its probate page posts sample forms for an affidavit of heirs, formal notice, a joinder and waiver, and a standalone homestead petition. If the estate includes a wrongful death or injury settlement that needs court approval, the petition must follow Eighth Circuit Administrative Order 7.02, and no hearing is set until every document that order requires is on file.

Homestead and selling a Gainesville house

The circuit's checklist for determining homestead in a formal administration asks for the inventory, a list of the surviving spouse and lineal heirs with the birth dates of any minors, a full legal description rather than a street address, whether the property is inside or outside a municipality, and its actual acreage. It also expects that three months have passed since publication of the notice to creditors, that notice went to the Agency for Health Care Administration if the person was 55 or older, and that notice went to the Department of Revenue.

A house that is not homestead, such as a rental near the university, can be sold during the estate. The circuit's checklist for a petition to sell real property starts with whether the will gives the personal representative a power of sale. If it does not, the petition must give a reason for the sale, the legal description, the price and terms with a copy of the contract, and notice to interested persons who do not join.

Closing an Alachua estate

1. Creditor period. Creditors generally have three months from first publication of the notice to creditors.
2. Claims resolved. The circuit posts a checklist for a petition to strike an untimely claim.
3. Extension if needed. If the estate cannot close on time, the circuit has a checklist for a petition to extend the time to close.
4. Discharge. A petition for discharge, with the final accounting or waivers, ends the administration.

A personal representative who lives out of state can serve only if they are a close relative under section 733.304, and the remote hearing practice makes it easier to serve from a distance.

How we work with Alachua County clients

We work with Alachua County families by phone or video, or in person at any of our Florida offices. Your first consultation is free. We prepare filings against the circuit's own checklists, request hearings when they are needed and keep the case moving. Because the firm limits its caseload, you work directly with an attorney. For your own plan, see our Alachua County estate planning page and our durable power of attorney guide. If a property needs to be sold, our Alachua County real estate page can help, and our Florida homestead planning page explains the home. The statewide process is on our Florida probate administration page. Contact us to begin.