What to Do When Someone Dies in Clay County, Florida

How probate works in Clay County: the Clerk of Circuit Court record, what the process costs, and how to file there.

Probate Court Record

Clay County Clerk of Circuit Court

Clay County · 4th Judicial Circuit

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

825 North Orange Avenue, Green Cove Springs, FL 32043

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysE-filing mandatory for attorneys since April 1, 2013. Optional for self-represented parties. Statewide Florida Courts E-Filing Portal for all circuit courts.

Self-represented filing

AllowedFor disposition of personal property without administration, the Probate Division may help complete the petition once the required documents are gathered; the procedure is not available when real property is part of the estate. The 4th Judicial Circuit publishes an affidavit of heirs and a summary administration petition checklist. The Clerk cannot give legal or procedural advice.

Verified October 15, 2026 · Source

How Probate Works in Clay County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Clay County, probate runs through the Clerk of Circuit Court at 825 North Orange Avenue, Green Cove Springs. The court sits in the 4th Judicial Circuit. Clay County shares the 4th Judicial Circuit with Duval and Nassau.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Florida intestacy law when there is no will.

Most Florida estates take 9 months to 12 months to move through this process. 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 a claim, counted from the first publication of the notice to creditors.

What Probate Costs in Clay County

What probate costs in Clay County, Florida comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Clerk of Circuit Court at 825 North Orange Avenue, Green Cove Springs. The court is part of the 4th Judicial Circuit.

Florida charges $400Fla. Stat. §§ 28.2401(1)(g), (3); 44.108(1)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Florida are based on reasonable compensation — usually hourly billing or a flat fee for the engagement.

Florida sets executor compensation on a statutory schedule that is presumed reasonable — about $15,000 on a $500,000 estate, roughly 3.0%Fla. Stat. § 733.617Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Florida requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Fla. Stat. § 733.402Verified Sep 8, 2026View source of estate value annually.

Probate in Florida typically runs 9 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Clerk of Circuit Court

Probate cases in Clay County, Florida are filed at the Clerk of Circuit Court. The court sits in the 4th Judicial Circuit.

Beside the filing office, the court lists a separate line for Probate / Mental Health / Guardianship.

Can You File Without an Attorney?

Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.

For a full cost comparison and filing checklist, see the Clay County Self-Filing Assessment.

Clay County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Document Requirements

Disposition without administration attachments

The Clerk lists the original will if one exists, the death certificate, the funeral home statement showing who paid, proof of payment, notarized consents from all heirs, and statements for the assets to be transferred. The Clerk also requires the death certificate to be filed with an original will deposited after a death.

Source

Summary administration checklist calls for an affidavit of heirs

The 4th Judicial Circuit's summary administration checklist lists a certified copy of the death certificate and an affidavit of heirs, and a petition to determine homestead when the decedent lived on real property included in the petition.

Source

Other Requirements

Low Bono Program for probate matters

The Clay County Clerk's Office Low Bono Program offers low-cost in-person or online/remote meetings with licensed attorneys for Family Law, Probate, and Domestic Violence cases. Payment goes directly to the attorney at the start of the appointment, with a limit of two appointments a year.

Source

What to Bring

Filed with the opening petition at the Clerk of Circuit Court: Verified Petition for Administration drafted to Fla. Prob. R. 5.200 (petitioner interest, decedent data, beneficiaries, venue, § 733.301 priority, will statement, asset value); Original of the decedent's last will and any codicils (deposited with the court within 10 days of knowledge of death, Fla. Stat. § 732.901), in a testate estateFla. Stat. §§ 733.101-733.402 (venue, petition, appointment, letters, bond); Fla. Prob. R. 5.200 (petition), 5.235 (issuance of letters, bond), 5.030 (attorney required)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in Clay County

In Florida a death is registered locally, and in Clay County certified copies of the death certificate are issued by Florida Department of Health in Clay County as well as by Florida Department of Health - Bureau of Vital Statistics.

Vital Records Office Record

Local Registrar

Clay County · Florida Department of Health in Clay County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

1845 Town Center Boulevard, Building 400, Fleming Island, FL 32003

Certified copies

At the counter

Mail

1845 Town Center Boulevard Box 15 Fleming Island, FL 32003

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

District Medical Examiner

Clay County · Medical Examiner's Office

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

4368 North Davis Street, Jacksonville, FL 32209-4502

Serves this county

City of Jacksonville Medical Examiner's Office (District 4 (Clay, Duval and Nassau Counties))

Verified November 2, 2026 · Source

Funeral Homes in Clay County

9 funeral homes and crematories in Clay County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.

In Middleburg, Hardage-Giddens Holly Hill Funeral Home and Holly Hill Memorial Park work together on funeral and burial arrangements, including conservation burial without embalming fluid or a casket. The 60-acre cemetery offers in-ground burial, mausoleum entombment and cremation niches and has a veterans garden. The chapel seats 100.

BurialCremationGreen burialPre-need arrangementsVeterans services

See all 9 funeral homes in Clay County →

Funeral homes by city: Green Cove Springs, Keystone Heights, Middleburg, Orange Park

Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.

Transferring Property in Clay County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of the Circuit Court and Comptroller.

Deeds and other real property documents for Clay County are recorded with the Clerk of the Circuit Court and Comptroller at 825 North Orange Avenue, Green Cove Springs, FL 32043. Phone: 1-904-284-6302. Hours: Monday-Friday 8:00 AM-5:00 PM.

Documents submitted by mail go to P.O. Box 698, Green Cove Springs, FL 32043.

The Clerk of the Circuit Court and Comptroller charges $10 for the first page plus $9 for each additional page.

Clay County accepts electronic recording through Simplifile, e-Docs Solutions, CSC, Hopdox and ePN.

Recording Office Record

Clerk of the Circuit Court and Comptroller

Clay County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

825 North Orange Avenue, Green Cove Springs, FL 32043

Mail

P.O. Box 698 Green Cove Springs, FL 32043

Verified October 16, 2026 · Source

Probate Attorneys Serving Clay County

Florida uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Clay County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Florida uses a presumed-reasonable fee schedule for probate attorneys — the percentages are a starting point that can be negotiated, especially for simple estates. Clay County firms typically follow the schedule for routine work and negotiate on complex matters.

A probate attorney files the petition with the Clerk of Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

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 firm on A1A Beach Boulevard with a second office in Jacksonville, handling St. Johns and Duval County probate and trust administration. Guides personal representatives through formal administration and small-estate dispositions, and pairs that with estate planning, elder law, and tax work. Jonathan P. Hermes is Board Certified by The Florida Bar in Wills, Trusts and Estates.

Serves 4 countiesFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawTax Planning

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

Jacksonville solo practice serving Duval, Clay, Nassau, and St. Johns counties. Ella Lim (Hae Kyung Lim) established the office in 2007 and handles estate planning, probate, guardianship, and business law. Concierge approach: the attorney travels to the client, with video conferencing also available.

Solo PracticeSince 2007Serves 4 countiesVirtual consultationsEstate PlanningProbateGuardianshipWills Trusts

Jacksonville firm serving Duval, Clay, and Nassau counties since 2001, and representing out-of-state families who have a Florida estate or probate matter. Attorneys Katherine Schnauss Naugle and Ellen Ball handle probate and estate administration, guardianship, and elder law, and represent estate beneficiaries during probate and trust administration.

Since 2001Serves 3 countiesEstate PlanningTrust AdministrationProbateElder LawGuardianship

See all 28 firms serving Clay County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

Legal Sources

(8)·

Data sourced from Florida statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Florida

Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Florida.

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.

See the Steps

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.

See the Steps

Can I Self-File Probate?

Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.

Get the Answer

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