What to Do When Someone Dies in Marion County, Florida

Probate in Marion County runs through the Clerk of Circuit Court and Comptroller: 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 Marion County, settling their estate runs through the Clerk of Circuit Court and Comptroller. 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 and Comptroller

Marion County · 5th Judicial Circuit

Address

110 NW 1st AvenueOcala, FL 34475

Hours

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

Mailing: Post Office Box 1030, Ocala, FL 34478.

Verified July 3, 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 NW 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. 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 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 NW 1st Avenue, Ocala. The court is part of the 5th Judicial Circuit.

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 and Comptroller (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 and Comptroller

If you're handling probate yourself in Marion County, Florida, you can file at the Clerk of Circuit Court and Comptroller 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.

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 Marion 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 and Comptroller is realistic.

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 F.S. 732.901 the original Last Will and Testament must be deposited with the Clerk of Court and Comptroller having venue of the estate within 10 days after receiving information that the testator is dead. There is no charge or filing fee to deposit a will.

Source

Before You Go

Walk-ins accepted

You can file in person without an appointment. Filers come to the Probate Division to file the required documents; the filing fee is due at the time the petition is filed.

What to Bring

To file at the Clerk of Circuit Court and Comptroller 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 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 NW 1st Avenue, Ocala, FL 34475. Phone: 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, eRecording Partners Network (ePN), Simplifile.

Recording Office Record

Clerk of the Circuit Court

Marion County

Address

110 NW 1st AvenueOcala, FL 34475

Hours

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

E-recording

Available via CSC, eRecording Partners Network (ePN), Simplifile
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 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.

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

FirmWildwood, FL

Millhorn Elder Law Planning Group

Since 1992 · Serves 3 counties

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.

PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 2 more

Office
9481 N. US Highway 301Wildwood, FL 34785
Free consultation

Solo PracticeOcala, FL

Shannon Mulkey Law Firm

Since 2022 · Serves 1 county

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.

PracticesEstate PlanningElder LawSpecial Needs PlanningProbate AdministrationReal Estate

Office
944 East Silver Springs BoulevardOcala, FL 34470

Solo PracticeOcala, FL

The Law Office of Stanley Plappert

Serves 5 counties

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.

PracticesEstate PlanningTrust AdministrationElder LawProbate AdministrationReal Estate

Office
351 NE 8th AvenueOcala, FL 34470

Solo PracticeGainesville, FL

Clayton-Johnston, P.A.

Since 1927 · Serves 11 counties

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.

PracticesEstate PlanningTrust AdministrationTax PlanningGuardianshipand 3 more

Office
18 NW 33rd CourtGainesville, FL 32607

Solo PracticeJacksonville, FL

Elrod & Elrod, P.A.

Since 1966 · Serves 15 counties

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.

PracticesEstate PlanningTrust AdministrationProbate AdministrationWills Trusts

Office
233 East Bay Street, 10th Floor, Suite 1032Jacksonville, FL 32202
Free consultation
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.

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Legal Sources

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