What to Do When Someone Dies in Hernando County, Florida

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

Probate Court Record

Hernando County Clerk of Circuit Court

Hernando County · 5th Judicial Circuit

Hours

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

Office

20 North Main Street, Room 165, Brooksville, FL 34601

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

AllowedA Small Estate Letter (Disposition of Personal Property Without Administration) may be filed without an attorney when the assets sought total no more than $5,000 and include no real property; the Clerk processes the forms, verifies the assets and prepares the order. Guardianship matters require an attorney under Florida Probate Rule 5.030.

Accepted payment

  • At the counterCredit card, Debit card.Credit and debit card payments carry an additional 3.5% service charge.

Verified October 15, 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 North Main Street, Room 165, 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. 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 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 North Main Street, Room 165, Brooksville. The court is part of the 5th 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 Hernando County, Florida are filed at the Clerk of Circuit Court. The court sits in the 5th Judicial Circuit.

Beside the filing office, the court lists separate lines for Probate / Guardianship and Spring Hill Branch.

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 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

Attorneys file the Clerk's checklist and certification with each probate step

The Clerk publishes a checklist and certification for each type of administration, homestead, sale of real property, distribution, attorney fees and discharge. The attorney of record lists the docket index number of each required filing on the checklist before the proposed order is submitted.

Source

Proposed orders go through the e-filing portal in Word format

Hernando County accepts proposed orders through the Florida e-filing portal. They are submitted as Word (.docx) files using the Fifth Circuit's Hernando template, and each judge's page lists any added requirements.

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

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 Hernando County

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

Vital Records Office Record

Local Registrar

Hernando County · Florida Department of Health in Hernando County, Vital Statistics

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

7551 Forest Oaks Boulevard, Spring Hill, FL 34606

Certified copies

At the counter

Local rule

  • The Brooksville office at 300 S Main also issues certificates Monday through Wednesday.

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

District Medical Examiner

Hernando County · District 5 Medical Examiner's Office

Hours

Monday-Friday 7:30 AM-4:30 PM

Office

809 Pine Street, Leesburg, FL 34748

Serves this county

District 5 Medical Examiner's Office (District 5 (Citrus, Hernando, Lake, Marion and Sumter Counties))

Mail and offices

Fax

1-352-365-6438

Verified November 2, 2026 · Source

Funeral Homes in Hernando County

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

See all 7 funeral homes in Hernando County →

Funeral homes by city: Brooksville, Spring Hill

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

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 North Main Street, Room 165, Brooksville, FL 34601. Phone: 1-352-754-4201. 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, ePN and Indecomm.

Recording Office Record

Clerk of the Circuit Court

Hernando County

Hours

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

Office

20 North Main Street, Room 165, Brooksville, FL 34601

Fees

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 October 16, 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.

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.

Solo PracticeServes 2 countiesEstate PlanningTrust AdministrationProbateAsset Protection

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.

Since 1987Serves 2 countiesEstate PlanningProbateReal Estate Litigation

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.

Serves 2 countiesEstate PlanningTrust AdministrationProbateWills Trusts

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.

Since 2000Serves 1 countyEstate PlanningProbateWills Trusts

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.

Serves 4 countiesEstate PlanningProbateBusiness LawReal Estate

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.

Solo PracticeSince 2011Serves 2 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+3

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.

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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