Jacksonville Probate Attorney

Duval County is unusual because the City of Jacksonville and the county share one consolidated government, so most addresses in the county carry a Jacksonville mailing address even when the home sits out near Baldwin or close to the ocean. For probate that simplifies one thing: an estate of someone who lived anywhere in Duval goes to a single Clerk. Everything else, from the will to the house to the final accounting, still follows a set order. This page explains that order for a Duval estate.

Communities we serve in Duval County

• Jacksonville, including Arlington, Mandarin, the Northside and the Westside
• Jacksonville Beach
• Atlantic Beach and Neptune Beach
• Baldwin
• Families in Orange Park and the rest of Clay County who also own property in Duval

One circuit, three clerks

Under section 26.021, Florida Statutes, the Fourth Judicial Circuit is made up of Clay, Duval and Nassau counties. Each county keeps its own clerk and its own probate files. That matters for families around Orange Park, Fleming Island and Fernandina Beach: if your parent lived in Clay or Nassau, the estate is opened in that county even though the judges belong to the same circuit as Jacksonville. Probate is generally filed where the person lived at death, not where the family lives now.

In Duval, the circuit runs separate probate divisions, and each division judge posts procedures on the circuit website. The posted procedures we reviewed prefer proposed orders submitted through the statewide electronic filing portal and ask that hearing requests go by email to the division's staff. Because those preferences differ from judge to judge, we check the assigned division's current page before anything is filed.

Duval Clerk probate fees

The Clerk publishes its probate filing fees, which are set by section 28.2401, Florida Statutes:

These are court costs only. The newspaper charge for publishing the notice to creditors, certified copies of letters and any bond premium are separate.

The original will comes first

Section 732.901 gives whoever holds the original will 10 days after learning of the death to deposit it with the clerk. The Duval Clerk's guidance is that it goes to the Clerk in the county where the person lived at death, and that the Clerk will not take a will for deposit while its maker is still alive. Depositing the will does not open an estate and does not require a lawyer. A creditor or other interested person who wants to be told if an estate is ever opened can file a caveat with the Clerk under section 731.110.

Summary or formal administration in Duval

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. There is no personal representative and no letters of administration; the court enters an order that sends assets directly to the people entitled to them. A homestead is generally exempt, so a paid off house in Riverside may not count toward the limit at all. For a death before July 1, 2026, ask us which limit applies.

Formal administration is needed when someone must be appointed with authority to act: to collect accounts, deal with a lease or business, sell a non homestead property or answer creditors. A personal representative generally must be represented by a Florida attorney under Florida Probate Rule 5.030.

How a formal Duval estate usually runs

1. Petition and appointment. The petition is filed with the original will and a death certificate, and the court issues letters of administration.
2. Notice to creditors. The notice is published in a Duval newspaper and served on known creditors. Creditors generally have three months from first publication to file claims.
3. Inventory. The personal representative lists the estate's assets and serves the inventory on the beneficiaries.
4. Claims and the house. Valid claims are paid, objections are filed where needed, and a petition to determine homestead is filed if the home passes outside the estate.
5. Closing. The personal representative files a final accounting and a petition for discharge, unless the beneficiaries waive the accounting.

Personal representatives who live outside Florida

Many Jacksonville estates have a personal representative in Georgia or farther away. Under section 733.304, a nonresident can serve only if they are a close relative, such as a child, parent, sibling or spouse, or the spouse of one of those relatives. A nonresident who qualifies still needs a Florida attorney and can handle most of the work by mail, phone and electronic signature.

How we work with Duval County clients

We work with Duval County families by phone or video, or in person at any of our Florida offices. Your first consultation is free. We prepare the petition and supporting papers, file with the Duval Clerk, follow the assigned division's procedures, publish and serve the notice to creditors, and keep you informed until the estate is closed. Because the firm limits its caseload, you work directly with an attorney. If you are also thinking about your own plan, our Duval County estate planning page covers wills and trusts, our Duval County elder law page covers planning for a parent's care, and our Duval County real estate page covers a sale or a deed after the estate. You can read more about the statewide process on our Florida probate administration page and about the home on our Florida homestead planning page. Contact us to begin.