What to Do When Someone Dies in Marion County, Florida

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

Probate Court Record

Marion County Clerk of Circuit Court and Comptroller

Marion County · 5th Judicial Circuit

Hours

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

Office

110 Northwest 1st Avenue, Ocala, FL 34475

Filing in person

Walk-ins accepted

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.

Filing in person

Walk-ins acceptedOnce the documents are in order, filers come to the Probate Division in Room 202 of the courthouse to file them. The filing fee is due when the petition is filed.

Self-represented filing

AllowedThe Clerk's office cannot give legal or procedural advice, and refers heirs to an attorney when the decedent solely owned real property that must pass through probate. Disposition of personal property without administration is filed at the Probate Division and is not available when real property is involved. The Marion County Law Library in the Judicial Center holds probate and guardianship self-help materials with forms that can be copied.

Accepted payment

  • At the counterCheck, Credit card, Debit card.Checks are payable to Clerk of Court. Visa, Mastercard and Discover credit and debit cards carry a non-refundable 3.5% service charge.

Self-help center

  • Marion County Law Library, Marion County Judicial Center, 110 NW 1st Avenue, Ocala1-352-401-7841The Fifth Judicial Circuit's law library holds self-help materials for self-represented filers in probate and guardianship, with forms that can be copied and adapted. It is open from 8:00 a.m. to 4:30 p.m. and offers copying and printing for a per-page charge.

Verified October 15, 2026 · Source

How Probate Works in Marion 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 Marion County, probate runs through the Clerk of Circuit Court and Comptroller at 110 Northwest 1st Avenue, Ocala. The court sits in the 5th Judicial Circuit. The same 5th Judicial Circuit also serves Citrus, Hernando, Lake 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 Marion County

What probate costs in Marion 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 and Comptroller at 110 Northwest 1st Avenue, Ocala. 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 and Comptroller

Probate cases in Marion County, Florida are filed at the Clerk of Circuit Court and Comptroller. The court sits in the 5th Judicial Circuit.

Beside the filing office, the court lists a separate line for Probate.

The Fifth Judicial Circuit's law library holds self-help materials for self-represented filers in probate and guardianship, with forms that can be copied and adapted. It is open from 8:00 a.m. to 4:30 p.m. and offers copying and printing for a per-page charge.

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 Marion County Self-Filing Assessment.

Marion 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

Original will deposited with the Clerk within 10 days of death

Under Fla. Stat. 732.901 the custodian deposits the original will with the Clerk having venue of the estate within 10 days after learning of the death, with the date of death or the testator's Social Security number. The Clerk also requires a death certificate to be filed with the original will, and depositing a will carries no charge. The depositor receives a Receipt for Deposit of Will showing the file number and filing date.

Source

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

Marion County accepts proposed orders through the Florida e-filing portal, submitted in Word (.docx) format only, using the codes in the Fifth Circuit's sample order. Cover letters are optional and must be PDFs, and each judge's page states that judge's own submission procedure.

Source

Document Requirements

Documents to begin a disposition of personal property without administration

The Clerk lists an affidavit, letter or other opening request, the original will if one exists, the death certificate, the funeral home statement showing who paid the bill, signed and notarized consents from all heirs, and statements for the assets to be transferred. If the judge approves the petition, an Order for Payment of Funds directs how the assets are distributed, and the institution holding them generally requires a certified copy of that order.

Source

What to Bring

Filed with the opening petition at the Clerk of Circuit Court and Comptroller: 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 Marion County

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

Vital Records Office Record

Local Registrar

Marion County · Florida Department of Health in Marion County

Hours

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

Office

1801 Southeast 32nd Avenue, Ocala, FL 34471-5532

Certified copies

At the counter

Local rule

  • A legible copy of a valid driver license, passport, state-issued ID or military identification card accompanies every request.

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

District Medical Examiner

Marion 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 Marion County

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

In Ocala, the Timber Ridge location of Baldwin Brothers Funeral & Cremation Society provides burial services and cremation for families in Marion County, Citrus County and nearby areas. Its care of the deceased includes embalming, restorative art, dressing, cosmetology and casketing. Se habla español.

Spanish spokenBurialCremationPre-need arrangementsOut-of-state and international transport

See all 18 funeral homes in Marion County →

Funeral homes by city: Belleview, Ocala, Summerfield

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

Transferring Property in Marion 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 Marion County are recorded with the Clerk of the Circuit Court at 110 Northwest 1st Avenue, Ocala, FL 34475. Phone: 1-352-671-5604. 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.

Marion County accepts electronic recording through CSC, ePN, Hopdox and Simplifile.

Recording Office Record

Clerk of the Circuit Court

Marion County

Hours

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

Office

110 Northwest 1st Avenue, Ocala, FL 34475

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 Marion County

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

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

Wildwood and The Villages elder law firm serving Sumter County and central Florida since 1992. Handles probate, trust and estate administration, guardianship, Medicaid and long-term care planning, VA Aid and Attendance claims, and estate tax planning. Eric C. Millhorn is a VA-accredited attorney authorized to represent claimants for VA pension and survivor benefits.

Since 1992Serves 3 countiesFree consultationEstate PlanningTrust AdministrationProbateElder LawTax PlanningGuardianship

Ocala practice serving Marion County, opened by Shannon Mulkey in January 2022. Handles formal probate administration and summary proceedings, and advises personal representatives and trustees on avoiding common administration mistakes and personal liability. Mulkey has held Florida Bar board certification in Elder Law since 2016 and has practiced since 2008.

Solo PracticeSince 2022Serves 1 countyEstate PlanningProbateElder LawSpecial Needs PlanningReal Estate

Ocala solo practice serving Marion, Sumter, Citrus, Lake, and Levy counties, including The Villages. Stanley W. Plappert represents personal representatives named in a will and those appointed by the court, advises successor trustees, and screens estates for summary administration. Also handles Florida probate for out-of-state families. Se habla espanol.

Solo PracticeServes 5 countiesEstate PlanningTrust AdministrationProbateElder LawReal Estate

Gainesville firm founded in 1927 by E.G. Baxter and E.A. Clayton, one of the oldest continuously operated law firms in Florida. Handles estate administration, probate, trust administration, and asset-protection and charitable trusts for families across eleven north-central Florida counties, from Alachua and Marion to Lafayette, Dixie, and Putnam.

Solo PracticeSince 1927Serves 11 countiesEstate PlanningTrust AdministrationProbateTax PlanningGuardianship+2

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

See all 27 firms serving Marion 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

Hire a Florida Probate Attorney

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