In Daytona Beach, this Ridgewood Avenue home provides funeral, burial and cremation services for families throughout Volusia County, and offers green burial in partnership with Prairie Creek Conservation Cemetery. The family-owned firm has served the area since 1954 and operates its own crematory.
What to Do When Someone Dies in Volusia County, Florida
How probate works in Volusia County: the Clerk of Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Volusia County Clerk of Circuit Court
Volusia County · 7th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
101 North Alabama Avenue, DeLand, FL 32724
Website
E-filing
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
AllowedThe Clerk's own probate forms are the Disposition of Personal Property Without Administration with its instruction sheet, the will-on-deposit information sheet and the statement of claim. A formal administration is opened by a petition that is usually prepared by an attorney.
Accepted payment
- At the counterCheck.Checks for probate filings are payable to Clerk of the Courts.
County forms
- Instruction Sheet for Disposition of Personal Property Without Administration (CL-0229)The Clerk's qualifications, document list and filing steps for a disposition without administration.
- Disposition of Personal Property Without Administration, Verified Statement (CL-0231)Volusia Probate Division petition for a disposition without administration.
- Information - Will on Deposit (CL-0151)Information sheet filed with an original will deposited for safekeeping after the testator's death.
- Statement of Claim (Probate Division)A creditor's claim against a Volusia County estate.
P.O. Box 6043
DeLand, FL 32721
Fax
1-386-822-5711
Departments
- Probate & Guardianship1-386-736-5914 · 2nd Floor, Room A222Maintains records for caveats, estates (formal, summary, and Disposition of Personal Property Without Administration), guardianship, wills, and trusts.
- Probate (Daytona Beach)1-386-257-6000 ext. 15914 · Steven C. Henderson Judicial Center, 125 East Orange Avenue, 1st Floor, Room 100, Daytona Beach, FL 32114
About the court
- Probate is handled at the Volusia County Courthouse in DeLand, 2nd floor, Room A222, with a second probate window at the Steven C. Henderson Judicial Center in Daytona Beach.
Verified October 15, 2026 · Source
How Probate Works 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.
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 Volusia County
What probate costs in Volusia 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 101 North Alabama Avenue, DeLand. The court is part of the 7th 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 Volusia County, Florida are filed at the Clerk of Circuit Court. The court sits in the 7th Judicial Circuit.
Beside the filing office, the court lists separate lines for Probate & Guardianship and Probate (Daytona Beach).
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 Volusia County Self-Filing Assessment.
Volusia 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
Disposition of Personal Property Without Administration is reviewed in person in DeLand
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.
SourceDocument Requirements
Documents for a Disposition of Personal Property Without Administration
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.
SourceWhat 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 Volusia County
In Florida a death is registered locally, and in Volusia County certified copies of the death certificate are issued by Florida Department of Health in Volusia County, Vital Statistics as well as by Florida Department of Health - Bureau of Vital Statistics.
Vital Records Office Record
Local Registrar
Volusia County · Florida Department of Health in Volusia County, Vital Statistics
Phone
Hours
Monday-Friday 8:00 AM-4:45 PM
Office
1845 Holsonback Drive, Daytona Beach, FL 32117
Website
Certified copies
At the counter
P.O. Box 9190
Daytona Beach, FL 32120
Local rule
- A legible copy of a valid driver license, passport, state-issued ID or military identification card accompanies every request. Certificates are also issued at the New Smyrna Beach and Orange City offices.
Certified copy fees
| First certified copy | $8 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
District Medical Examiner
Volusia County · Volusia County Medical Examiner's Office
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
3891 Tiger Bay Road, Daytona Beach, FL 32124
Website
Serves this county
Volusia County Medical Examiner's Office (District 7 (Volusia County))
Cremation authorization
Signed by this office
Mail and offices
Fax
1-386-258-4061
Verified November 2, 2026 · Source
Funeral Homes in Volusia County
25 funeral homes and crematories in Volusia County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
In Daytona Beach, the home sits on the grounds of Daytona Memorial Park near Embry-Riddle Aeronautical University. It provides traditional funerals and cremation options, and holds memorials and commemorations in its chapel and on its landscaped grounds.
In Daytona Beach, Pinello Funeral Home arranges traditional funerals and memorial services, which it can hold at the funeral home, the final resting place or a family's home. It is available 24/7, 365 days a year, and offers online memorials, tribute videos and a year of daily grief support emails.
In Daytona Beach, RJ Gainous Funeral Home, Inc. lists direct burial, cremation, out-of-town services, air shipping, pre-need arrangements, and church and graveside services. The home traces its history to a funeral home founded in the early 1940s that was later purchased and renamed RJ Gainous Funeral Home.
In DeBary, Altman-Long Funeral Home & Crematory has served the community since 1954. Its home page lists direct cremation, memorial cremation and traditional cremation packages, with a service at a church, a park or a national cemetery.
In DeLand, Allen-Summerhill Funeral Homes & Crematory offers cremation, visitations, memorial services and graveside services, and takes prearrangements. It describes itself as Florida's oldest continuously operating funeral home, in operation since 1877, and operates its own crematory.
Funeral homes by city: Daytona Beach, DeBary, DeLand, Deltona, New Smyrna Beach, Orange City, Ormond Beach, Port Orange, South Daytona
Cremation Services in Volusia County
19 listings
Pre-Need Funeral Plans in Volusia County
11 listings
Burial Services in Volusia County
8 listings
Veterans Funeral Services in Volusia County
6 listings
Funeral Transport in Volusia County
3 listings
Spanish-Speaking Funeral Homes in Volusia County
5 listings
Green Burial in Volusia County
2 listings
Jewish Funeral Homes in Volusia County
1 listing
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Volusia 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 Volusia County are recorded with the Clerk of the Circuit Court at 101 North Alabama Avenue, DeLand, FL 32724. Phone: 1-386-736-5915. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 6043, DeLand, FL 32721-6043.
The Clerk of the Circuit Court charges $10 for the first page plus $9 for each additional page.
Volusia County accepts electronic recording through CSC, ePN, Simplifile, Hopdox, Deeds.com, eRecording USA, File and Go, iRecord365, QuickDeeds and RecordNation.
Recording Office Record
Clerk of the Circuit Court
Volusia County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
101 North Alabama Avenue, DeLand, FL 32724
Website
P.O. Box 6043
DeLand, FL 32721-6043
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 Volusia County
Florida uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Volusia 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. Volusia 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.
Daytona Beach probate and trust-litigation attorney serving Volusia County and central Florida, with 40+ years in Florida courts. Walks personal representatives through summary and formal administration and represents heirs in will and trust contests -- undue-influence, incapacity, and improper-execution claims. Offers contingency representation on certain contest matters.
Maitland firm on Spartan Drive, founded in 1997, serving Orange, Seminole, Lake, Osceola, and Volusia counties. Handles probate and trust administration and trust and estate litigation -- claims against fiduciaries, will and trust contests, disputed trust accountings, and guardianship disputes -- alongside estate-tax, charitable, and special-needs planning.
Orlando firm formed in 2003, with offices in Lake Nona, Tavares, DeLand, and Port Orange, serving Orange, Seminole, Lake, Volusia, and Osceola counties. Its estate group handles probate administration and probate litigation, guardianship administration and litigation, Medicaid and special needs planning, and estate tax planning. Partners Daniel B. Harris and Heidi W. Isenhart lead it.
Daytona Beach probate practice serving Volusia and Orange counties. Thomas Upchurch handles formal, summary, and ancillary probate administration, trustee and personal-representative representation, and will contests.
Winter Park estate and probate practice on Lee Road with experience in the Orange, Seminole, Volusia, Lake, and Osceola county probate courts. Guides families through probate after a death, including intestate estates, and handles estate planning, special-needs trusts, and asset protection. Founder Merrell Bailey is an attorney and CPA listed in Super Lawyers for estate planning and probate.
Gainesville firm handling probate in every Florida county on a flat fee, with an Ocala office and a fully remote administration process. Founding partner R. Nadine David advised Florida circuit court probate judges as a probate court staff attorney before entering private practice in 2014. Handles formal and summary administration, trust administration, and estate litigation.
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)·
- Fla. Stat. § 733.617
- Fla. Stat. §§ 28.2401(1)(g), (3); 44.108(1)
- Fla. 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)
- Fla. 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, 733.710
- Fla. Stat. 28.24(13), (13)(c), (13)(d), (13)(e); Fla. Stat. 201.02(1)(a)
- Volusia County Clerk of Circuit Court, official page
- Volusia County Clerk of the Circuit Court, official page
- Volusia County vital records and death investigation offices, official page
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
Browse vetted Florida attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
