What to Do When Someone Dies in Hernando County, Florida

Probate in Hernando County runs through the Clerk of Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Hernando County, settling their estate runs through the Clerk of Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Clerk of Circuit Court

Hernando County · 5th Judicial Circuit

Address

20 N. Main Street, Room 130Brooksville, FL 34601

Hours

Monday - Friday, 8:00 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

County forms

Departments

  • Probate / Guardianship352-540-6366
  • Spring Hill Branch352-754-4201Monday - Friday, 8:00 AM - 4:30 PM.

Alternate phone numbers: 352-540-6336 (main), 352-754-4402 (general).

Verified July 3, 2026 · Source

How Probate Works in Hernando 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 Hernando County, probate runs through the Clerk of Circuit Court at 20 N. Main Street, Room 130, Brooksville. The court sits in the 5th Judicial Circuit. Hernando County shares the 5th Judicial Circuit with Citrus, Lake, Marion and Sumter.

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. The 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Hernando County

What probate costs in Hernando 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 20 N. Main Street, Room 130, Brooksville. The court is part of the 5th Judicial Circuit.

Probate matters are handled through Probate / Guardianship and Spring Hill Branch. Filing and payment go through these offices, not the main clerk window.

Florida charges $399Fla. Stat. § 28.2401(1)(g), (3)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Clerk of Circuit Court (https://www.myflcourtaccess.com/). Self-represented filers can request a paper-filing exemption.

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.

Executor compensation is based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Florida requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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

If you're handling probate yourself in Hernando County, Florida, you can file at the Clerk of Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 5th Judicial Circuit.

Filings here are routed through Probate / Guardianship and Spring Hill Branch. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Hernando County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Clerk of Circuit Court is realistic.

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

Hernando County Filing Requirements

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

Before You File

Small Estate Letter (Disposition of Personal Property) document checklist

For estates under $5,000 with no real property: decedent must have been a Hernando County resident; requires death certificates, the last bank statement showing recipient details, a paid funeral bill, valid ID, and the filing fee.

Source

Document Requirements

Original will filed within 10 days; no fee

Wills must be filed within ten days of receiving notice that the testator has passed away, accompanied by a delivery form; there is no filing fee.

Source

Hernando County Forms

This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.

Small Estate Letter

Download

Disposition of Personal Property Without Administration for estates under $5,000 with no real property

Delivery of Will

Download

Form accompanying deposit of an original will with the Clerk

Statement of Claim - Probate

Download

Creditor statement of claim in a probate estate

What to Bring

To file at the Clerk of Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Hernando 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.

Deeds and other real property documents for Hernando County are recorded with the Clerk of the Circuit Court at 20 N. Main Street, Room 165, Brooksville, FL 34601. Phone: 352-754-4201. Hours: Monday-Friday 8:00 AM - 5:00 PM.

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

Hernando County accepts electronic recording through Simplifile, CSC, eRecording Partners Network (ePN), Indecomm.

Recording Office Record

Clerk of the Circuit Court

Hernando County

Address

20 N. Main Street, Room 165Brooksville, FL 34601

Hours

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

E-recording

Available via Simplifile, CSC, eRecording Partners Network (ePN), Indecomm
Visit recorder website →

Recording fees

Base fee (first page)$10
Each additional page$8.5

Fla. Stat. 28.24(13), (13)(c), (13)(d), (13)(e); Fla. Stat. 201.02(1)(a)

Verified September 4, 2026 · Source

Probate Attorneys Serving Hernando County

Florida uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Hernando 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. Hernando 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.

Solo PracticeSpring Hill, FL

Buck Law Group, P.A.

Serves 2 counties

Spring Hill practice serving Hernando County, with a second office in Key West (Monroe County). David A. Buck limits the practice to estate planning and estate administration: formal, summary, and ancillary probate, creditor claims, successor trustee guidance, and trust accountings. Over 30 years of practice.

PracticesEstate PlanningTrust AdministrationAsset ProtectionProbate Administration

Office
5330 Spring Hill Drive, Suite ESpring Hill, FL 34606

FirmSpring Hill, FL

Carter Foreman PLLC

Since 1987 · Serves 2 counties

Spring Hill firm serving Hernando and Pasco counties, founded in 1987 by David R. Carter. The firm handles estate planning and probate alongside real estate, family law, personal injury, and business matters, including lady bird deeds that keep Florida property out of probate. Two are board certified by The Florida Bar in real estate law.

PracticesEstate PlanningProbate AdministrationReal Estate Litigation

Office
5308 Spring Hill DrSpring Hill, FL 34606

FirmNew Port Richey, FL

Skipper & Skipper, P.A.

Serves 2 counties

New Port Richey firm on Main Street providing probate and trust services across Pasco, Hernando, and the Tampa Bay area for more than 40 years. Handles formal, summary, and ancillary administration and trust administration, alongside wills and trusts, advance care directives, and deeds. Stephen and Sallie D. Skipper are the firm's attorneys.

PracticesEstate PlanningTrust AdministrationProbate AdministrationWills Trusts

Office
5653 Main StreetNew Port Richey, FL 34652

FirmSpring Hill, FL

The Day Law Office

Since 2000 · Serves 1 county

Spring Hill husband-and-wife practice serving Hernando County since 2000. David and Sandra Day handle wills, estate planning, and probate administration alongside Chapter 7 bankruptcy, and report over five decades of combined legal experience.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
4108 Deltona BlvdSpring Hill, FL 34606

FirmOcala, FL

Dean & Dean, LLP

Serves 4 counties

Family-run Ocala firm with offices in Beverly Hills and The Villages, representing clients throughout Marion, Sumter, Citrus, and Lake counties. Handles estate administration and probate, estate planning, real estate, and business matters, with an affiliated title company for closings.

PracticesEstate PlanningBusiness LawProbate AdministrationReal Estate

Office
230 NE 25th Avenue, Suite 100Ocala, FL 34470

Solo PracticeSarasota, FL

Silberstein Law Firm, PLLC

Since 2011 · Serves 2 counties

Sarasota practice founded in 2011, with a second office in Lakewood Ranch, serving Sarasota and Manatee counties. Handles probate, trust administration and settlement after death, estate and gift tax planning, and probate and trust disputes including arbitration and mediation. David M. Silberstein has been Florida Bar board certified in both Tax Law and Wills, Trusts and Estates since 1998.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust Litigationand 4 more

Office
1515 Ringling Boulevard, Suite 860Sarasota, FL 34236
See all 24 firms serving Hernando 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.

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Legal Sources

Data sourced from Florida statutes and official state code. How we research.