Probate in Flagler County

Probate Court Record

Flagler County Clerk of Circuit Court

Flagler County · 7th Judicial Circuit

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

1769 East Moody Boulevard, Building 1, Bunnell, FL 32110

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Self-help forms

How to file probate in Flagler County →

Verified October 15, 2026 · Source

Do I need a lawyer for probate in Flagler County? →Settling an estate in Flagler County →

Trust Administration Firms Serving Flagler County

St. Augustine firm handling St. Johns and Flagler County probate — formal and summary administration for personal representatives and beneficiaries — plus trust administration and estate planning. Heather S. Maltby, a St. Johns County native and past president of its bar association, has practiced solely in estate planning, probate, and trust administration for over ten years.

Solo PracticeServes 2 countiesFree consultationEstate PlanningTrust AdministrationProbateGuardianship

Jacksonville firm handling estate administration for families across northeast Florida, from Duval and Clay through Marion and Suwannee counties. Opens probate estates, investigates creditor claims, addresses estate and income taxes, and distributes assets to heirs; also drafts wills, trusts, and advance directives. Robert W. Elrod, Jr. continues a practice his father started in 1966.

Solo PracticeSince 1966Serves 15 countiesFree consultationEstate PlanningTrust AdministrationProbateWills Trusts

St. Augustine solo practice serving St. Johns, Putnam, Flagler, and Clay counties. Handles estate planning, probate, estate and trust administration, and sealing and expungement. Brittany Fraser Keith is a St. Augustine native and offers consultations of up to an hour at no charge.

Solo PracticeServes 4 countiesFree consultationEstate PlanningTrust AdministrationProbateSealing ExpungementWills Trusts

Jacksonville firm serving Duval, Clay, St. Johns, Nassau, and Baker counties, with a satellite office in Ponte Vedra Beach. Handles formal and summary probate administration, probate and trust litigation, guardianship, elder law and Medicaid crisis planning, and asset protection trusts. Practicing as this firm since 2008.

Since 2008Serves 6 countiesFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+3

St. Augustine firm of 15 attorneys serving St. Johns, Flagler, Duval, and Clay counties. Represents personal representatives, beneficiaries, heirs, and trustees from choosing the probate procedure through creditor claims, inherited real property, distribution, and closing the estate. John L. Whiteman, Ann Miles, and Felecia Walker cover administration, trusts, and contested estates.

Serves 4 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+4

Gainesville firm handling probate in every Florida county on a flat fee, with an Ocala office and a fully remote administration process. Founding partner R. Nadine David advised Florida circuit court probate judges as a probate court staff attorney before entering private practice in 2014. Handles formal and summary administration, trust administration, and estate litigation.

Since 2014Serves the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation

All 24 Florida trust administration firms serving Flagler County →

Forms for Planning and Settling an Estate in Florida

Free Florida forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Florida.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Pour-Over Will

In Florida, a pour-over will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning and Settling an Estate in Florida

Free calculators and checklists to plan or settle an estate in Florida: will and trust costs, probate, executor pay and taxes. Run each tool for Florida.

How Do I Settle a Trust?

Settling a trust in Florida happens outside court: the trustee acts under the state's Uniform Trust CodeFla. Stat. § 736.0101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysFla. Stat. §§ 736.0813, 736.1008, 736.10081Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

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What's Fair Trustee Compensation?

In Florida, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)Fla. Stat. § 736.0708Verified Sep 18, 2026View source unless the trust instrument sets a different amount.

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How Do I Settle an Estate?

Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

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Do I Have to File Tax Returns for Someone Who Died?

Florida has no state income tax, so only the federal final Form 1040 is due for the decedentFla. Const. Art. VII, § 5(a)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Does Step-Up in Basis Work?

Inherited assets in Florida take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxFla. Const. Art. VII, § 5(a) — "No tax upon estates or inheritances or upon the income of natural persons who are residents or citizens of the state shall be levied by the state"Verified Sep 15, 2026View source.

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