What to Do When Someone Dies in Volusia County, Florida

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

Volusia County · 7th Judicial Circuit

Address

101 N. Alabama AvenueDeLand, FL 32724

Fax

386-822-5711

Hours

Monday - Friday, 8:00 AM - 4:00 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

Departments

  • Probate & Guardianship386-736-5914Maintains records for caveats, estates (formal, summary, and Disposition of Personal Property Without Administration), guardianship, wills, and trusts.

Mailing: P.O. Box 6043, DeLand, FL 32721. Home to Daytona Beach and Daytona International Speedway.

Verified July 3, 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 N. 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. 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 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 N. Alabama Avenue, DeLand. The court is part of the 7th Judicial Circuit.

Probate matters are handled through the Probate & Guardianship. Filing and payment go through these offices, not the main clerk window.

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 (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

If you're handling probate yourself in Volusia County, Florida, you can file at the Clerk of Circuit Court 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 7th Judicial Circuit.

Filings here are routed through the Probate & Guardianship. Confirm with the office which intake handles the petition type you're filing.

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 Volusia 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 is realistic.

For a full cost comparison and filing checklist, see the Volusia County Self-Filing Assessment.

What to Bring

To file at the Clerk of Circuit Court 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 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: 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, eRecording Partners Network (ePN), Simplifile.

Recording Office Record

Clerk of the Circuit Court

Volusia County

Address

101 North Alabama AvenueDeLand, FL 32724Mailing: P.O. Box 6043, DeLand, FL 32721-6043

Hours

Monday-Friday 8:00 AM - 4:00 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 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.

Solo PracticeDaytona Beach, FL

Jerry B. Wells, PL

Serves 5 counties

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.

PracticesEstate PlanningProbate LitigationTrust LitigationSpecial Needs PlanningProbate Administration

Office
127 Magnolia AveDaytona Beach, FL 32114

FirmMaitland, FL

Kane and Koltun, Attorneys at Law

Since 1997 · Serves 5 counties

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.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust Litigationand 5 more

Office
150 Spartan Drive, Suite 100Maitland, FL 32751

FirmOrlando, FL

ShuffieldLowman

Since 2003 · Serves 5 counties

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.

PracticesEstate PlanningProbate LitigationElder LawTax Planningand 5 more

Office
1000 Legion Place, Suite 1700Orlando, FL 32801

Solo PracticeDaytona Beach, FL

Upchurch Law

Serves 2 counties

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.

PracticesEstate PlanningTrust AdministrationProbate LitigationProbate Administration

Office
1616 Concierge Boulevard, Suite 101Daytona Beach, FL 32117
Free consultation

Solo PracticeWinter Park, FL

Your Caring Law Firm

Serves 5 counties

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.

PracticesEstate PlanningTrust AdministrationSpecial Needs PlanningAsset Protectionand 2 more

Office
2323 Lee RoadWinter Park, FL 32789
Virtual consultations

FirmGainesville, FL

Florida Probate Law Group

Since 2014 · Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust LitigationProbate Administration

Office
201 SE 2nd Ave, Suite 210Gainesville, FL 32601
Free consultationVirtual consultations
See all 23 firms serving Volusia 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.