Access Hernando County Probate Court Records

Hernando County probate court records are filed and maintained by the Clerk of Circuit Court in Brooksville, covering all estate, will, and guardianship matters under Florida's 5th Judicial Circuit. This page explains how to search those records, what the three probate tracks are, where to get help, and what you will find when you pull a probate file at the Brooksville courthouse.

Hernando County Clerk of Court

The Hernando County Clerk of Circuit Court handles all probate filings in the county. The clerk's main office is in Brooksville. The clerk issues letters of administration, keeps the official docket for every estate case, and provides certified copies of any filed document when requested. This is the office to contact for any probate matter in Hernando County.

Hernando County is in the 5th Judicial Circuit, which covers Citrus, Hernando, Lake, Marion, and Sumter counties. The 5th Circuit website at jud5.flcourts.org has local probate rules, division assignments, and administrative orders that apply to cases filed in Brooksville. Reviewing these before filing is important because some local rules add specific requirements not found in the statewide Florida Probate Rules.

The Florida Clerks statewide directory can help confirm contact information for the Hernando County clerk if you need to cross-check details or locate a clerk in another county.

The Hernando County Clerk website above allows you to search case records online and access probate filing information directly from the clerk's official portal.

The Florida Clerks statewide directory helps verify clerk contact details for Hernando County and all 67 Florida counties.

How to Search Hernando County Probate Records

Hernando County probate records are public under Florida law. Here are the primary ways to access them.

Online: The Hernando County Clerk's website at hernandoclerk.com may provide case search access. Larger counties with well-funded clerk offices often have public search portals. Check the site for a case search or court records link. The Florida Courts website also lists statewide eCaseView access for counties that have joined the system.

In person: Go to 20 North Main Street in Brooksville. Bring the decedent's full name and approximate date of death. Staff at the probate division counter can pull the case file and make copies. Call ahead during busy periods to ask about wait times. Copy fees are set by Florida statute and charged per page.

By phone: Call (352) 754-4201 to confirm whether probate was opened for a specific person, get a case number, or check on case status. The clerk's staff can answer basic questions. They cannot give legal advice.

Mail: Written requests are accepted. Include the decedent's name, case number if known, your return address, and a check or money order for estimated copy fees. Call first to get the current fee amount so your request is not delayed.

Florida Chapter 733 and Chapter 735 govern what types of probate cases exist and what documents must be filed. Knowing which applies helps you understand what a file will contain.

Types of Probate in Hernando County

Florida law provides three ways to administer a decedent's estate. The applicable track depends on the estate's total non-exempt value and how long the person has been dead.

Formal Administration

Formal administration is the full probate process. It is required when the non-exempt estate exceeds $75,000. The court appoints a personal representative, who must publish a notice to creditors in a local newspaper, give written notice to known creditors, file an inventory of assets, and submit a final accounting before the court will close the estate. Under Chapter 733, creditors have 90 days from the date of first publication to file claims. This alone makes the process take at least six months. Florida requires most formal administration cases to have a licensed attorney representing the estate.

Summary Administration

Summary administration is available when the non-exempt estate is $75,000 or less or the decedent has been dead for two or more years. No personal representative is appointed. Instead, beneficiaries petition the court directly. The court enters a single order distributing assets. This process can be completed in weeks rather than months. Chapter 735 governs this track. Known creditors must still receive notice before the order is entered. If someone files an objection, the court will schedule a hearing.

Disposition Without Administration

This applies only when the decedent left no real property and the only non-exempt assets are personal property worth $6,000 or less. It is mainly used to reimburse the person who paid the decedent's final expenses. No personal representative is appointed. The clerk can sometimes process this without a judge's involvement. It is the fastest and least expensive option when the facts qualify.

What Hernando County Probate Records Contain

Most documents in a Hernando County probate case file are public records. Here is what you are likely to find in a typical estate file.

The petition to open probate is the first document. It names the decedent, identifies heirs or beneficiaries, and describes the estate. If a will was left, the original is filed with the petition. After the court admits the will to probate, an order is entered and the will becomes a permanent public record. This is why anyone can get a copy of a will once probate has been opened.

Later documents include the letters of administration, the estate inventory listing assets and their appraised values, creditor claim forms, any objections to those claims, court orders resolving disputes, accountings of money received and disbursed, and finally the order discharging the personal representative and closing the estate.

Letters of administration are among the most important documents in the file. Banks, title companies, and financial institutions require certified copies of these before they will release any estate assets. Hernando County clerks charge a per-page fee for certified copies. The fee amount is set by state law.

Legal Help and Self-Help Resources

Hernando County has a sizable population and is close enough to the Tampa Bay area that legal resources are reasonably accessible.

The Florida Courts Self-Help Center has free forms and step-by-step guides for all three probate tracks. This is a good first stop for people who want to understand the process before deciding whether to hire an attorney. The forms are the same ones used in Hernando County's court.

Legal aid organizations serving the Tampa Bay area sometimes extend services into Hernando County. The 5th Circuit court website may list legal aid contacts for the Brooksville area. For seniors, programs through the Area Agency on Aging or similar organizations can help connect residents with free or low-cost legal services for elder law and guardianship matters.

For formal administration, contested wills, or guardianship cases, hiring a licensed Florida probate attorney is strongly recommended. Brooksville has a small local bar, and Tampa and Ocala attorneys regularly practice in Hernando County's courts through the 5th Circuit. Look for someone familiar with the Brooksville courthouse and local judges.

Key Florida Probate Statutes

Florida's probate law for Hernando County cases comes from two main chapters of the Florida Statutes. Chapter 733 is the Florida Probate Code and governs all formal administration cases. It covers who may act as personal representative, how creditors must be handled, what the inventory must include, and when the court can enter a final discharge. Chapter 735 is shorter and handles the two simplified tracks: summary administration and disposition without administration. If you know which chapter applies to your case, you will understand what documents to file and what the Hernando County court will need from you to move the case forward.

Cities in Hernando County

Hernando County has no cities that meet the population threshold for a dedicated city page. The main communities in the county are Brooksville (the county seat), Spring Hill, Weeki Wachee, and Ridge Manor. All probate filings for Hernando County communities are handled at the Clerk of Court in Brooksville at 20 North Main Street.

Nearby Counties

If an estate has property in more than one county, a separate ancillary probate filing may be needed in that county's court. Counties bordering Hernando County are listed below.