What Duval County Probate Covers
The Clerk's Probate Department page explains that the office manages cases involving the distribution of estates, the administration of guardianships, and trust matters. Probate collects and inventories the assets of a deceased person, pays creditor claims, and distributes the rest to heirs or named beneficiaries. The court rules on the validity of a will and oversees the proper administration of the estate.
Guardianships appoint a guardian for a ward. A ward can be a minor, an incapacitated adult, or an adult who voluntarily asks for a guardian. Trusts are not typically filed with the Clerk. Petitions to change a trust or to settle adversarial trust issues are filed with Probate. The Probate Department records every action on the court docket from the first petition to the final order of discharge.
Probate cases are filed in Circuit Court in the Fourth Judicial Circuit. The Duval Clerk acts as the court record custodian. Filings, orders, letters of administration, and claims all flow through the Probate Department counter.
Florida Probate Rule 5.030 and Attorneys
Florida Probate Rule 5.030 requires every guardian and every personal representative to be represented by a Florida attorney. The only carve-out is when the personal representative is the sole interested person. The Clerk cannot give legal advice, draft a petition, or prepare a form for a litigant. The Probate Department directs people without counsel to the Jacksonville Bar Association, Jacksonville Area Legal Aid, or a Florida-licensed probate attorney.
Florida uses the term "Personal Representative" rather than "Executor." The role is the same in plain English. The personal representative handles the estate, files inventories and accountings, gives notice to creditors, and asks the court to approve distribution and discharge. A surety bond may be required by the court.
Probate Terms Defined
Probate has its own short vocabulary. The terms below come up in almost every Duval County probate file. A quick read keeps the docket easier to follow.
- Testator
- The person who made and signed a will. A testator must be of sound mind under Florida law.
- Personal Representative
- The Florida term for the person who manages the estate. Called executor in many other states.
- Executor
- The common-law name for a personal representative. Florida court orders use the statutory term.
- Intestate
- A person who dies without a valid will. Assets pass under Florida intestacy law.
- Guardian
- A person appointed by the court to manage the affairs of a minor or incapacitated adult.
- Conservator
- An older term used in some other states for a property-only guardian. Florida groups both roles under the guardian title.
- Caveat
- A formal notice filed by a creditor or interested party who wants to be told if probate opens for a named decedent. Filed under Fla. Stat. § 731.110.
- Letters of Administration
- The court order that gives the personal representative legal authority to act for the estate.
Most letters are issued by Probate within a few weeks of an approved petition. Certified letters are needed to deal with banks, brokerages, and title companies.
Duval County Probate Filing Fees
The Clerk lists every probate fee on the official fee schedule. The most common filings are formal administration for a full estate and summary administration for smaller ones. Guardianship fees split between person-only and full guardianships. Caveats, notices of trust, and disposition petitions carry their own line items.
| Item | Amount |
|---|---|
| Formal Administration | $401.00 |
| Summary Administration, estate $1,000 or more | $346.00 |
| Summary Administration, estate less than $1,000 | $236.00 |
| Petition and One Order | $232.00 |
| Guardianship of Person and Property | $400.00 |
| Guardianship of Person Only | $235.00 |
| Caveat | $42.00 |
| Notice of Trust | $42.00 |
| Disposition of Personal Property without Administration | $231.00 |
| Petition for determination of incompetency | $231.00 |
| Copies per page | $1.00 |
| Certification per instrument | $2.00 |
Annual accounting service charges apply to ward and estate values too. The Clerk page lists $20 for an estate of $25,000 or less, $85 for up to $100,000, $170 for up to $500,000, and $250 above that.
How to Search Duval County Probate Records
Probate searches are not done by telephone. The Clerk policy is clear on that point. Anyone looking for a Duval County probate record uses one of two paths. The first is an in-person visit to the Probate Department in the Duval County Courthouse. Staff opens the computer index for cases filed since the modern system started. Archive books cover cases before 1977. The second path is a written request mailed to the Probate Department.
Written requests must include the decedent's full name, the date of death, a self-addressed stamped envelope, and a $2 per-name search fee. Payment is by business check, cashier's check, or money order made out to the Duval County Clerk of Courts. The Probate Department then runs the search and returns the case data.
A view of the Clerk Probate Department page is below for reference. The page lists the FAQ, the fees, and the rule frame for the office.
The Clerk's Probate Department page at duvalclerk.gov sets out the search rules and links to the FAQ.
Online viewing through CORE is narrow for probate. The Florida Supreme Court access matrix blocks general public viewing of probate-rule records. Registered users may have access to non-confidential probate material under the matrix, but the bulk of probate review happens in person.
Probate Search Fields
Whether the search is in person or by mail, the Probate Department needs a clean set of identifiers to pull a file. The table below shows the search-field structure the Clerk Probate FAQ describes.
| Field Label | Type | Required | Notes |
|---|---|---|---|
| Decedent full name | Text | Yes for written search | Probate FAQ asks for the decedent's full legal name. |
| Date of death | Date / text | Yes for written search | Helps narrow the search to the correct year and file. |
| Probate case number | Text | Optional | Use the case number if known to pull claims or copies. |
| Search location | In person / written | n/a | In-person at the Probate Department or by written mail request. |
| Search fee | Fee | Yes for written search | $2 per name search; pay by business check, cashier's check, or money order. |
Note: Probate searches are not run over the phone, so plan ahead with the name, date of death, and search fee in hand.
Wills, Claims, and Caveats
A will cannot be deposited with the Clerk before the testator's death. Florida law requires the original will to be deposited with the Clerk of Court in the county where the decedent lived on the date of death, within ten days after death. The Duval Probate Department accepts wills at the counter. Once filed, a will is part of the probate file and can be viewed under the same rules that govern the rest of the record.
Statements of claim by creditors are filed on a standard header that lists the probate file number, decedent name, basis for claim, claimant name and address, claim amount, and an original signature. Hand and mail submissions need the original plus one copy. Claims may also be e-filed through the Florida ePortal. Any creditor or interested party may file a Caveat under Fla. Stat. § 731.110 to receive notice if probate opens for a named decedent.
The state statute page for the probate caveat rule is shown below for context. The official Florida Senate site holds the current version of the statute.
The text of the probate caveat statute is at flsenate.gov/Laws/Statutes/2024/731.110.
For small estates, Florida law allows a short path called Disposition of Personal Property without Administration. The filing fee is $231 and covers cash, vehicle, and personal property up to $6,000, where the requester paid the funeral expenses. Required papers include a paid funeral bill, medical receipts for the 60 days before death, a certified death certificate, asset proof, and the original will if one exists. A separate path under Fla. Stat. § 735.303 covers a small affidavit for qualified bank property when the decedent has been dead at least six months.
Older Files and Probate Archives
Older Duval County probate files predate the current online index. Cases filed before 1977 are in archive books at the Probate Department. Researchers must visit the office to pull these books. Staff helps with the index but does not run a research project on a caller's behalf. Plan a half-day visit for older estate research.
Probate orders and letters can be ordered as certified copies through the same counter. The certification fee is $2 per instrument. Plain copies are $1 per page. The Clerk also keeps closed probate files for archival reference under Florida record retention rules.
Probate Department Contact
The Probate Department sits inside the Duval County Courthouse. The address is below along with the general Clerk number. Front-counter visits during weekday business hours are the most reliable way to handle a probate question.
Duval Clerk Probate Department
Duval County Courthouse
501 West Adams Street
Jacksonville, FL 32202
(904) 255-2000
Mon-Fri 8:00 a.m. - 5:00 p.m.
The Clerk also keeps a forms library that includes claim forms and a sample petition packet. The forms library page lists the current set.