Volusia County estates are filed with the Clerk's Probate and Guardianship division at the courthouse in DeLand, which also has a counter in Daytona Beach, and heard in the Seventh Judicial Circuit's Division 10. Depositing a will is free when no probate is opened, and formal administration costs $400. We meet Volusia families in Orlando or by video.
In Volusia County, a personal representative is often an adult child who flew in for the funeral and has a week to get things started before going home. The good news is that a Volusia estate can be run mostly from a distance once it is opened properly. This page covers the local pieces that decide how smoothly it goes: which counter to use, what the Clerk charges, how Division 10 handles hearings and orders, and what the Clerk's own website gets wrong about summary administration.
Communities we serve in Volusia County
- Daytona Beach and Daytona Beach Shores
- DeLand
- Ormond Beach
- Port Orange
- New Smyrna Beach and Edgewater
- Deltona, DeBary and Orange City
Two probate counters, one division
The Seventh Judicial Circuit covers Volusia, Flagler, Putnam and St. Johns counties. For Volusia estates, the Clerk of the Circuit Court's Probate and Guardianship division serves the public at two locations:
| Counter | Address |
|---|---|
| Volusia County Courthouse, main probate office | 101 N. Alabama Ave., Room A222, DeLand |
| Steven C. Henderson Judicial Center | 125 E. Orange Ave., Room 100, Daytona Beach |
Volusia probate cases are assigned to the circuit's Division 10, which operates under a standing order for probate and guardianship cases. Under that order, hearings are set through the judge's judicial assistant. Hearings of an hour or longer, and any evidentiary hearing, are held in person, while shorter hearings may be held by video. Proposed orders go to the court by email in an editable format rather than through the filing portal.
Depositing the will in Volusia
Section 732.901 requires the custodian of the 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 charges nothing to deposit a will when no probate is opened. Either counter can help you, and if probate will follow, we usually file the will together with the petition.
Volusia Clerk probate fees
| Filing | Clerk fee |
|---|---|
| Formal administration | $400 |
| Summary administration over $1,000 | $345 |
| Summary administration of $1,000 or less | $235 |
| Disposition of personal property without administration | $231 |
| Caveat or trust notice | $41 |
| Reopening a case | $50 |
Picking the proceeding
Volusia families have three options. Disposition of personal property without administration is the narrowest: the Clerk explains that it applies only to non exempt personal property, and the value cannot exceed the funeral bill and medical expenses from the last 60 days. 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 everything else and is the usual path when there is a house to sell or debts to resolve.
What a caveat does
A creditor or family member who expects an estate to be opened can file a caveat with the Clerk for $41. When an estate is later opened, the Clerk sends a notice to the caveator, who then has to file papers to protect his or her interest. If you are the personal representative and a caveat is on file, the court will not simply admit the will without notice to that person, so it is worth checking for one early.
Running a Volusia estate, step by step
- Deposit the original will within 10 days at either counter.
- Open the estate in Division 10 and obtain letters if it is a formal administration.
- Publish the notice to creditors. Creditors generally have three months from first publication to file claims, using the Clerk's Statement of Claim form.
- Address the home. If it was the person's residence, request a determination of homestead status; otherwise sell or distribute it as the will and the law allow.
- Pay claims, distribute and close with a petition for discharge.
The house in Daytona, Ormond or DeLand
The Florida Constitution protects a homestead from most creditors and limits how it can be left when a spouse or minor child survives, and the probate court can enter an order confirming who received it. Whether a non homestead property can be sold depends on the powers in the will or a court order. For property taxes, an heir who lives in the home applies to the Volusia County Property Appraiser by March 1 (section 196.011), and if the home is held in a trust, the Property Appraiser asks for the entire trust agreement. Our Florida homestead planning page explains the constitutional rules.
Personal representatives who live elsewhere
A nonresident may serve only if he or she is a close relative of the person who died, such as a child, parent, spouse or sibling (section 733.304). A personal representative in Florida generally must be represented by a Florida attorney. Because short Division 10 hearings may be held by video, an out of state personal representative rarely has to travel for routine matters.
How we work with Volusia County clients
Volusia clients can meet with an attorney at our Orlando office, about an hour from DeLand and Daytona Beach, or by phone or video. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. Our Florida probate administration page explains each stage statewide. For your own plan, see Volusia County estate planning; for an aging parent, Volusia elder law; and for selling an inherited home, Volusia real estate law. Contact us to talk it through.
More help in Volusia County
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