Search Daytona Beach Probate Court Records

Which County Handles Probate for Daytona Beach

Daytona Beach is in Volusia County, so probate cases for residents of Daytona Beach are filed in Volusia County Circuit Court. The Clerk of Courts for Volusia County is Laura Roth. The main courthouse is in DeLand, the county seat, but Volusia County also maintains a branch courthouse right in Daytona Beach on East Orange Avenue. Either location can accept probate filings.

The 7th Judicial Circuit covers Flagler, Putnam, St. Johns, and Volusia counties. Each county has its own clerk and its own case filing system. If the decedent lived in Daytona Beach at the time of death, Volusia County is the right place to file, regardless of where assets are located.

For Daytona Beach residents, the branch courthouse at 125 E Orange Ave may be more convenient than making the trip to DeLand. Call ahead to confirm which services are available at the branch location, as some probate filings may need to be processed at the main courthouse. The clerk's office can tell you which location is best for your specific matter.

Lead-in: Florida Courts provides a statewide clerk locator and court information resource at FloridaCourts.gov.

The Florida Courts site links directly to each county clerk's office and provides general guidance on the statewide court structure, which can help if you are unsure which county or circuit handles a particular estate.

How to Search Daytona Beach Probate Records

Volusia County probate records are public, with the exception of inventories and accountings, which Florida law keeps confidential. Most other probate filings — petitions, orders, notices to creditors, and final dispositions — can be accessed by anyone.

The Volusia County Clerk offers online case search through the clerk's website at volusiaclerk.org. You can search by the decedent's name, case number, or date range. The online system covers recent cases going back a number of years; older records may exist only on microfilm or in paper form at the courthouse.

For in-person access, visit either the DeLand courthouse or the Daytona Beach branch during business hours. Bring the full name of the deceased and the approximate year of death. Staff at the clerk's civil division can retrieve files for your review. Public access terminals are available at the courthouse for case lookups.

If you need certified copies of probate documents — such as Letters of Administration or court orders — those carry a fee per page plus a certification charge. Plain photocopies cost less. Contact the clerk's office at (386) 736-5912 for current copy fees before visiting.

Remote document requests can be submitted by mail. Include the case number or decedent name, the specific documents you need, your contact information, and a check for the estimated copy fee. The clerk will send copies or notify you of any balance due.

Types of Probate Cases in Volusia County

Florida law gives families several ways to handle a deceased person's estate, and the right type of administration depends on the size of the estate and how long the person has been dead.

Formal Administration is required when the gross estate value is more than $75,000. This is the full court-supervised process. The court appoints a personal representative, creditors get notice, assets are inventoried, debts are paid, and remaining property passes to beneficiaries. A Formal Administration for a Daytona Beach estate typically takes at least six months from filing to discharge, and often longer for larger or contested estates.

Summary Administration works for smaller estates. If the estate is worth $75,000 or less, or if the decedent has been dead for two or more years, the heirs can petition for Summary Administration. There is no personal representative. The court reviews the petition and issues an order distributing assets. It is faster and cheaper than Formal Administration.

Disposition Without Administration is the simplest route. It is available only when the estate has no real property and the only assets are exempt personal property or funds to cover funeral and medical costs from the last 60 days of the decedent's life. The total non-exempt assets generally cannot exceed around $6,000. The clerk issues an authorization without formal court proceedings.

Volusia County also sees ancillary probate cases when out-of-state residents owned property in the county at death. If someone from Georgia owned a Daytona Beach condo, their estate may need to go through ancillary proceedings in Volusia County to transfer that property.

Probate Fees in Volusia County

Probate filing fees in Volusia County follow the Florida statutory schedule. The fee you pay to open an estate depends on which type of administration you file and the reported value of the estate.

Formal Administration filing fees typically start around $400 and increase with the estate value. Summary Administration carries a lower fee, generally in the $235 to $280 range. Disposition Without Administration has the lowest filing fee. These amounts can change when the legislature updates the fee schedule, so confirm current fees with the clerk before filing.

On top of the initial filing fee, expect to pay for certified copies of any documents you need for banks, title companies, or other institutions. Each certified copy has a per-page charge plus a certification fee. If you are filing a Formal Administration, you will also need to publish a Notice to Creditors in a Volusia County newspaper for two consecutive weeks, which the newspaper bills directly.

Attorney fees for probate in Florida are governed by statute. For Formal Administration, the statutory fee starts at 3% of the first $1 million of the estate's compensable value. The personal representative may also be entitled to a fee. Parties can negotiate different fee arrangements by written agreement, but the statutory schedule serves as the default.

Legal Help for Daytona Beach Residents

Legal aid is available to qualifying Volusia County residents who cannot afford a private probate attorney.

Community Legal Services of Mid-Florida serves Volusia County and may be able to help with simple estate matters, particularly for elderly or low-income clients. They can be reached through their main intake line. The organization focuses on civil matters and handles some probate cases when resources allow.

The Volusia County Bar Association offers a lawyer referral service that can connect you with a probate attorney for an initial consultation. Many probate attorneys in the Daytona Beach area offer free or low-cost first consultations. The Florida Bar's online referral service at floridabar.org lets you search by practice area and location.

The Volusia County Clerk's self-help resources, available through the clerk's website, include guides for pro se filers and links to approved court forms. The Florida Courts statewide self-help site at www.flcourts.gov also has standardized probate forms accepted in all Florida counties, including Volusia.

How the Probate Process Works for Daytona Beach Estates

When a Daytona Beach resident dies with assets that require court supervision, the estate process begins with identifying the right type of administration and filing in Volusia County Circuit Court. Here is how Formal Administration typically unfolds.

First, the original will must be deposited with the Volusia County Clerk within ten days of the testator's death. This is required by Florida law under section 732.901, even if no probate is planned immediately. Filing preserves the will and creates a court record. Failure to file a known will is a misdemeanor under Florida law.

The personal representative or their attorney files a petition for administration with the clerk. The petition identifies the decedent, the heirs or beneficiaries, and the estimated estate value. If there is a will, it is submitted with the petition. The court reviews the filing and, if everything is in order, issues Letters of Administration to authorize the personal representative to act on behalf of the estate.

The personal representative then publishes a Notice to Creditors in a qualifying Volusia County newspaper for two consecutive weeks and serves notice directly on known or reasonably ascertainable creditors within 30 days. Creditors have 90 days from first publication to file claims against the estate.

After the creditor period, the personal representative pays valid claims and files a final accounting with the court. Once the court approves the accounting and any objections are resolved, it issues an Order of Discharge closing the estate. The personal representative's authority ends at that point.

Summary Administration moves faster because there is no personal representative to appoint and no creditor publication period. Heirs file a single petition, and if the court approves it, assets transfer by court order. It can often be completed in a matter of weeks rather than months.