Find Probate Court Records in Clay County

Clay County probate court records cover the court proceedings used to administer estates, validate wills, and manage guardianship cases for residents of this northeast Florida county. The Clay County Clerk of Courts in Green Cove Springs handles these filings and offers both online and in-person access, letting anyone search for open or closed cases without needing to hire an attorney just to look up a file.

Clay County Clerk of Courts

Tara S. Green serves as the Clay County Clerk of Courts. The clerk's office in Green Cove Springs is where probate petitions are filed, wills are deposited with the court, and letters of administration are issued. The office also maintains the official case index that lets the public search for probate cases going back many years.

The Clay County Clerk's website offers an online case search tool. Enter a name or case number to see filings. Documents submitted through electronic filing are available to view and download. Paper records from older cases may be held in storage and require an in-person or written request. The clerk's staff can tell you the fastest way to get what you need.

Certified copies of letters of administration are required by banks and other financial institutions before they release estate funds. The clerk charges a per-page fee set by state statute. When you request certified copies, bring the case number and ask specifically for a certified copy rather than a plain photocopy. Only the certified version carries the court's official stamp.

Below is the statewide Florida Clerks of Court directory page, which lists contact details for Clay County and all other Florida clerks.

This resource is maintained by the Florida Court Clerks and Comptrollers and is updated regularly as clerk office information changes across the state.

4th Judicial Circuit Court

Clay County is part of the 4th Judicial Circuit, which covers Clay, Duval, and Nassau counties. Circuit judges assigned to the probate division handle all contested matters, formal administration petitions, and guardianship proceedings. The 4th Circuit serves a large and fast-growing population across the three counties, and the probate docket reflects that growth.

Green Cove Springs is the seat of Clay County's court operations, but attorneys and parties in pending cases can often handle filings electronically without traveling to the courthouse. The 4th Circuit uses the Florida Courts E-Filing Portal for most document submissions. Check with the clerk's office if you are unsure whether your specific filing type must be submitted in person or can go through the portal.

Guardianship cases in Clay County are assigned to the same probate division. If you are petitioning to serve as guardian for an incapacitated adult, expect a process that includes a court-appointed examining committee, an attorney for the alleged incapacitated person, and a judge's hearing. Chapter 744 of the Florida Statutes governs these proceedings in detail.

The Clay County Clerk's website also offers access to case information for civil, family, and criminal court matters, but probate cases are indexed separately under the court's probate division docket.

Probate Proceeding Types in Clay County

Three main types of probate proceedings are available in Florida, and Clay County handles all of them at the Green Cove Springs courthouse.

Formal Administration applies when the gross value of probate assets exceeds $75,000. This is the full court process. Under Chapter 733 of the Florida Statutes, formal administration requires the court to appoint a personal representative, who then inventories assets, notifies creditors, pays valid debts, and files a final accounting before the judge closes the case. The personal representative must be represented by a Florida-licensed attorney in most situations. The process typically runs six months to a year, and longer when creditors contest claims or heirs dispute the will.

Summary Administration is a shorter path for smaller estates. It is available when the total probate estate is $75,000 or less, or when the decedent died two or more years ago. Chapter 735 governs this process. There is no personal representative appointed in most summary cases. The beneficiaries file a petition, creditors receive notice, and the court issues an order stating who gets each asset. It is simpler, faster, and cheaper than formal administration. Many Clay County families use this option when the estate is modest in size.

Disposition Without Administration applies when there is no real property in the estate and the remaining assets are either exempt personal property or amounts owed to the decedent that do not exceed final expenses, including funeral costs and medical bills up to $6,000. No case is opened in court. The clerk issues an authorization letter. This is the quickest option and works well for very small situations where the only goal is collecting a final paycheck or small account balance.

Chapter 731 provides general definitions and rules applicable to all Florida probate proceedings. Chapter 732 sets out who inherits when there is no valid will, which is called intestate succession. These chapters all work together under Florida's probate code to govern what happens to a person's estate after death.

Searching Clay County Probate Records

Go to www.clayclerk.com and open the case search tool. Type the name of the deceased person. If multiple results appear, look at the case type field to find probate cases, and check the filing date to narrow down the right one. Click on the case number to open the full docket. Documents listed there are often viewable online without charge.

If you are a creditor, look for the notice to creditors document on the docket. That document tells you the publication date and deadline for filing a claim. Missing the deadline can bar your claim permanently, so act quickly once you find an open case.

Keep in mind that not all estates go through probate. Joint tenancy property, assets with named beneficiaries, payable-on-death accounts, and trust assets all pass outside the court system. A search that turns up no probate case does not necessarily mean the estate was not settled, just that it may have been handled without court involvement.

For searches across multiple counties, the Florida Clerks of Court directory helps you find and contact any county clerk in Florida quickly. The Florida Courts website also maintains resources about the probate process statewide.

Filing Probate in Clay County

Bring the original will (if one exists) and your completed petition to the clerk's office at 825 North Orange Avenue in Green Cove Springs. Florida law requires the will to be filed within ten days of the person's death. Failing to file it on time can create legal complications for the estate. If no will exists, the estate is distributed according to Chapter 732 intestate succession rules.

Official Florida Supreme Court approved forms for probate petitions are available at Florida Courts Self-Help. Download the most current version from the official site. The clerk's office can tell you which specific forms your case type requires, but they cannot fill out the forms for you or advise you on which type of proceeding to file. That guidance requires an attorney or your own research.

Filing fees are set by Florida statute and vary by case type. Ask the clerk for the current fee schedule when you call or visit. If the estate qualifies for a fee waiver due to financial hardship, there is a process to request that through the court as well. The clerk's staff can explain the waiver process if you ask.

Self-represented parties (those without attorneys) can use the resources at Florida Courts Self-Help to understand the process. Summary Administration, in particular, is sometimes manageable without an attorney for straightforward cases. Formal Administration is more complex and usually benefits from professional legal help, but it is not legally required in all situations.

Cities in Clay County

Clay County includes several communities such as Green Cove Springs (the county seat), Orange Park, Fleming Island, Middleburg, and Keystone Heights. None of these communities currently meet the population threshold for a dedicated city records page. All probate filings for Clay County residents are processed at the clerk's office in Green Cove Springs regardless of which community the decedent lived in.

Nearby Counties