Alachua County Probate Court Records
Alachua County probate court records are filed with the Clerk of Courts in Gainesville and cover estate administration, will filings, guardianship proceedings, and related matters handled under Florida's probate statutes. The Clerk's office serves as the official custodian of all probate case files for the county, and most records are open to public inspection. Whether you need to search an existing case, file paperwork for a new estate, or get copies of court documents, this guide covers how the process works in Alachua County.
Alachua County Quick Facts
Alachua County Clerk of Courts - Probate Division
The Alachua County Clerk of Courts handles all probate filings for the county. The Clerk, J.K. "Jess" Irby, Esq., oversees the probate division located at the main courthouse in Gainesville. The probate division has its own direct phone line separate from the general clerk's number, which can save you time when you have specific case questions.
| Clerk of Courts | J.K. "Jess" Irby, Esq. |
|---|---|
| Address | 201 East University Avenue, Gainesville, FL 32601 |
| Main Phone | (352) 374-3636 |
| Probate Division Direct | (352) 374-3682 |
| publicrecordsrequest@alachuacounty.us | |
| Clerk Website | alachuacounty.us/Depts/Clerk |
| Probate Page | Alachua County Probate |
| Judicial Circuit | 8th Judicial Circuit |
The 8th Judicial Circuit covers six counties: Alachua, Baker, Bradford, Gilchrist, Levy, and Union. Probate judges in this circuit handle estate matters for all six counties, though filings are made at the county level with the local clerk.
The Alachua County Clerk's probate page is a good first stop. You can find checklists, forms, and guidance on what documents to bring when opening a new case. The site also explains what the clerk's office can and cannot help with.
The probate page on the Alachua County Clerk's website explains the types of proceedings available and links to required forms. Visit the clerk's official probate portal to review current procedures before filing.
The page lists available checklists for Summary Administration and Formal Probate Administration, along with a Disposition of Personal Property Without Administration form and a heirs property brochure.
Types of Probate in Alachua County
Florida law provides three main paths for settling an estate. Which one applies depends on the value of the estate, how long the person has been deceased, and what kinds of assets are involved. Here is a brief breakdown of each type.
Formal Administration
Formal Administration is required when the gross estate value exceeds $75,000 and the death occurred less than two years ago. This is the full probate process. It involves appointing a personal representative, notifying creditors, inventorying assets, paying debts, and distributing what remains to heirs. The process is governed by Chapter 733 of the Florida Statutes. Most estates with real property or significant bank accounts will go through Formal Administration. It takes longer and costs more than other methods, but it provides a clean legal transfer of ownership recognized by banks, title companies, and other institutions.
Summary Administration
Summary Administration is a faster, simpler process. It applies when the estate is worth $75,000 or less, or when the person has been deceased for two or more years regardless of estate size. Chapter 735 of the Florida Statutes governs this procedure. There is no personal representative appointed. Instead, the court issues an order of summary administration that directs how assets should be distributed. The Alachua County Clerk provides a Summary Administration Checklist to help families prepare the correct documents.
Disposition Without Administration
This is the simplest option and does not require a full court proceeding. It only works in narrow situations: the estate has no real property, the only assets are personal property worth no more than the cost of last illness and funeral expenses (capped at $6,000 total), and the filing must happen within two years of death. The Alachua County Clerk provides a Disposition of Personal Property Without Administration form for this purpose. If approved, the clerk issues a letter directing whoever holds the assets (a bank, for example) to release them to the person who paid the funeral or medical bills.
How to Search Alachua County Probate Records
Probate records in Alachua County are part of the public court record. You can search them in a few ways depending on how much detail you need and whether you want to do it online or in person.
The clerk's office maintains an online case search portal where you can look up probate cases by name, case number, or filing date. The portal is available through the main clerk website. For older cases or certified copies, you may need to visit the courthouse in person or submit a public records request by email at publicrecordsrequest@alachuacounty.us.
When visiting the clerk's office, bring a photo ID and the name of the decedent or the case number if you have it. Staff can pull case files and assist with locating specific documents. Copies typically carry a per-page fee set by state law.
The Alachua County Clerk's homepage provides access to the online search portal and general contact information for all clerk divisions. Reviewing the homepage can help you identify the right division before you call or visit.
The homepage links to the probate division, online records access, and public records request forms, all in one place.
Wills and the Filing Requirement
Florida law has a specific rule about wills. Under Chapter 732 of the Florida Statutes, any person who has custody of a will must deposit it with the clerk of the circuit court in the county where the decedent lived within 10 days of learning of the death. This is a legal obligation, not optional.
The fee to file a will with the Alachua County Clerk is no charge for the filing itself. However, if you want the clerk to issue a receipt confirming the will was received and filed, there is a $7 fee for that receipt. The will becomes part of the public record once filed, even if no probate case is opened.
If probate is later needed, the filed will is already in the court system and can be referenced when the estate case is opened. If no probate is needed (for example, all assets passed outside the estate), the will stays on file but no further action is required.
Florida Probate Statutes - What Applies in Alachua County
All Florida probate proceedings follow the same state statutes. Here is a quick reference to the key chapters that come up in Alachua County probate cases.
- Chapter 731 covers general provisions, including definitions and rules that apply across all probate proceedings.
- Chapter 732 covers wills, intestate succession (dying without a will), and what happens to an estate when no valid will exists.
- Chapter 733 governs the administration of estates, including the duties of personal representatives, creditor claims, and asset distribution.
- Chapter 735 covers small estates, Summary Administration, and Disposition Without Administration.
- Chapter 744 applies to guardianship proceedings, which are often filed in the probate division along with estate matters.
The Alachua County Clerk's contact page provides hours, directions, and phone numbers for all court divisions, including probate. Confirming current hours before visiting saves a wasted trip.
The contact page lists direct numbers for each division, parking information, and acceptable methods for submitting public records requests.
Legal Help and Self-Help Resources
Probate can get complicated, especially with large estates, disputes among heirs, or situations involving real property. The Alachua County Clerk's staff cannot give legal advice, but several resources exist for people who need guidance.
The Florida Courts Self-Help Center provides forms, guides, and instructions for people handling their own probate cases. This is a good resource for Summary Administration and Disposition Without Administration cases where the estate is simple and straightforward. The Florida Courts website also has general information about the probate process statewide.
The Florida Association of Court Clerks maintains a statewide directory of clerk offices. If you are unsure which county has jurisdiction, the Find a Clerk tool can help you locate the right office. Probate is filed in the county where the decedent was a legal resident at the time of death.
For legal representation, the Eighth Judicial Circuit Bar Association and the Alachua County Bar Association can provide referrals to probate attorneys in the area. Florida Legal Aid also serves Alachua County for those who qualify based on income.
Cities in Alachua County
Alachua County includes several municipalities ranging from the large university city of Gainesville to smaller rural towns. Only cities that meet the population threshold have dedicated pages on this site.
Other communities in Alachua County include Archer, Hawthorne, High Springs, Micanopy, Newberry, Waldo, and the city of Alachua. Residents of these cities file probate cases at the same Alachua County Clerk's office in Gainesville, since probate jurisdiction follows the county where the decedent lived, not the specific city.
Nearby Counties
Alachua County is located in north-central Florida and borders several other counties in the 8th Circuit and surrounding circuits. If a decedent lived near the county line, check which county they were a legal resident of before filing.