Estate Planning & Probate in Volusia County, Florida
Most Volusia County estate questions come down to one fork: avoid probate before a death, or work through it after one. Start with your situation below; both paths use Volusia County's actual court and recording details.
The Probate Process in Volusia 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 Volusia County, probate runs through the Clerk of Circuit Court at 101 North Alabama Avenue, DeLand. The court sits in the 7th Judicial Circuit. Volusia County shares the 7th Judicial Circuit with Flagler, Putnam and St Johns.
Full Volusia County probate guide: cost, how to file & attorneys →Probate Court Record
Volusia County Clerk of Circuit Court
Volusia County · 7th Judicial Circuit
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
How to file probate in Volusia County →
Verified October 15, 2026 · Source
Recording Office Record
Clerk of the Circuit Court
Volusia County
Phone
Hours
Office
Website
Recording fee
Verified October 16, 2026 · Source
Vital Records Office Record
Local Registrar
Volusia County · Florida Department of Health in Volusia County, Vital Statistics
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
District Medical Examiner
Volusia County · Volusia County Medical Examiner's Office
Phone
Hours
Office
Website
Serves this county
Cremation authorization
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Clerk of Circuit Court
The Clerk asks filers to bring the disposition paperwork in person to the DeLand Probate Office, where staff review it for content and help with corrections. The decedent must have been a Volusia County resident, and the estate cannot include real estate. A certified copy of the death certificate, the funeral bill showing the amount and who paid it, proof of payment of final medical or funeral expenses, and proof the asset was in the decedent's name alone. The court may require notarized consents from a surviving spouse and adult children when the spouse is not the petitioner.
Forms for Planning and Settling an Estate in Florida
Free Florida forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Florida.
Last Will and Testament
In Florida, a will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyFla. Stat. § 732.502Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Florida, a pour-over will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Florida requires 2Fla. Stat. § 765.203Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredFla. Stat. § 765.203Verified Oct 15, 2026View source.
Financial Power of Attorney
Florida requires explicit durability language for a power of attorney to survive incapacityFla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Oct 21, 2026View source, and it is signed before 2Fla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Oct 21, 2026View source witnesses and a notary.
Tools for Planning and Settling an Estate in Florida
Free calculators and checklists to plan or settle an estate in Florida: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests.
Who Inherits Without a Will?
Without a will in Florida, a surviving spouse takes the entire estateFla. Stat. § 732.102Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesFla. Stat. § 732.104Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source.
Florida Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Volusia County.
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