Deltona Probate Court Records

Deltona residents file probate cases through Volusia County, which is served by the 7th Judicial Circuit. The Volusia County Courthouse in DeLand, the county seat, handles all probate matters for estates opened in Deltona. This page covers where to file, how to search existing records, what types of cases are available, fees you can expect, and local resources that can help during the process.

Which County Handles Probate for Deltona

Deltona is in Volusia County. All probate cases for Deltona residents are filed with the Volusia County Clerk of Circuit Court. Florida law requires probate to be opened in the county where the deceased lived at the time of death, so Volusia County is the correct jurisdiction for most Deltona estates.

The main courthouse is in DeLand, which is about 20 miles west of Deltona. There is no probate division branch in Deltona itself. Filings can be submitted in person at DeLand or by mail for certain document types. The clerk also offers some online services through its web portal at volusiaclerk.org.

The 7th Judicial Circuit covers four counties: Flagler, Putnam, St. Johns, and Volusia. Each county has its own clerk and courthouse. Deltona is squarely in Volusia County, so all probate work goes through DeLand.

For more on Volusia County probate procedures and local resources, see the Volusia County probate records page.

How to Search Deltona Probate Records

The Volusia County Clerk provides an online records search at volusiaclerk.org. You can look up probate cases by the decedent's name, case number, or filing date. Most probate filings are public record in Florida. However, inventories and accountings are confidential under state law and are not available for public viewing.

To start a search, you need at least the decedent's last name. Case numbers follow the statewide format: a two-digit year, the county code for Volusia, and a sequence number. If you know the approximate year of death, that helps narrow results quickly.

Certified copies of court documents can be requested from the clerk. Requests can be made in person at the DeLand courthouse, by mail, or through the online portal for some document types. There is a per-page fee for copies and an additional certification fee per document.

The Deltona city website offers general city services information, but for court records you go directly to the county clerk.

The Deltona city homepage covers municipal services. Probate case records are held by the Volusia County Clerk, not any city office.

All probate filings for Deltona residents are maintained by Volusia County, not the city government.

Types of Probate Cases in Volusia County

Florida law provides several ways to handle an estate, and the right one depends on the estate's value and how long ago the person died. All of the following types are filed through the Volusia County Clerk for Deltona residents.

Formal Administration is required when the estate's non-exempt assets exceed $75,000. This is the full probate process. It involves petitioning the court, appointing a personal representative, notifying creditors, filing an inventory, paying valid claims, and getting court approval before distributing assets. The process typically runs six months to over a year.

Summary Administration is available when the estate's value is $75,000 or less, or when the decedent has been dead for more than two years. It is faster and costs less than formal administration. In most cases, the court can approve a petition without appointing a personal representative.

Disposition Without Administration is the simplest route. It applies only when there is no real property, the only debts are funeral and medical expenses, and the total assets are below $6,000. This is handled directly through the clerk's office and does not require a court hearing.

Under Florida Statute 732.901, a will must be filed with the clerk within 10 days of the testator's death. This applies even if no probate is opened. The clerk keeps the will as a public record, available for inspection by any interested party.

Deltona does not have its own probate court. All filings and hearings happen at the Volusia County Courthouse in DeLand, regardless of which type of case you are filing.

Probate Filing Fees in Volusia County

Volusia County follows Florida's standard probate fee structure, which is set by state law. Fees apply to all counties statewide, though some local surcharges may vary. Here is what to expect when opening a probate case for a Deltona estate.

For formal administration, the filing fee is generally around $400, though it can be higher depending on estate size and number of filings. Summary administration petitions carry a lower filing fee, typically in the $235 to $300 range. Additional costs include certified copies, recording fees, and the cost of publishing a notice to creditors in a local newspaper.

If a bond is required for the personal representative, the bond premium depends on the size of the estate. Attorneys' fees in Florida probate are set by statute and start at 3% of the first $1 million in gross estate value. These are separate from filing fees.

Fees do change. Always confirm current amounts with the Volusia County Clerk before filing. The fee schedule is posted on the clerk's website at volusiaclerk.org.

Legal Resources for Deltona Residents

If you need help with a probate case in Deltona, a few local and statewide resources are available. The Volusia County Bar Association has a lawyer referral service that can connect you with a probate attorney in the area. You can reach them through their website or by calling their main line.

Community Legal Services of Mid-Florida provides free civil legal assistance to income-eligible residents in Volusia County. They handle some probate matters, depending on case complexity and client eligibility. Their offices serve the greater Deltona and DeLand area.

The Florida Bar's Find a Lawyer tool at floridabar.org lets you search for probate attorneys by county. Filter by Volusia County to find attorneys who handle estate cases in the area.

Florida's probate statutes are in Chapters 731 through 735 of the Florida Statutes. These are publicly available at leg.state.fl.us. Reading the relevant chapters can help you understand the process before you file, especially if you are considering summary administration without an attorney.

The 7th Circuit also maintains some self-help resources for litigants. These are available on the court's website and at the courthouse in DeLand.

The Probate Process for Deltona Estates

When someone who lives in Deltona dies with assets that require probate, the process starts at the Volusia County Courthouse in DeLand. Here is how formal administration typically works step by step.

The will, if there is one, must be filed with the clerk within 10 days of death. Then a petition for administration is filed along with the death certificate and a proposed order appointing a personal representative. The court reviews the petition and, if approved, issues letters of administration. These letters give the personal representative legal authority to act on behalf of the estate.

After appointment, the personal representative must notify known creditors and publish a notice to creditors in a newspaper of general circulation in Volusia County. Creditors have three months from the date of first publication to file claims against the estate. The personal representative also files an inventory of all estate assets with the court. The inventory is confidential and not available to the public.

Once the creditor period closes, valid claims are paid from estate funds. Then the personal representative files a final accounting and a petition for discharge. The court reviews everything and, if satisfied, enters an order of discharge and closes the estate.

Summary administration is much shorter. The petitioner files a petition and a proposed order for distribution. If the court approves, assets can transfer within a few weeks. There is no personal representative appointment and no creditor publication period in most cases.

Many Deltona families handle summary administrations on their own for straightforward estates. For formal administration or cases involving disputes, working with a probate attorney is generally worth the cost.

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