Find Probate Records in Santa Rosa County
Santa Rosa County probate court records include estate filings, will deposits, guardianship petitions, and related court actions handled by the Circuit Court in the 1st Judicial Circuit. Donald Spencer serves as the elected Clerk of Court, and his office in Milton is the central location for filing and accessing probate records in Santa Rosa County. This page covers how to search records, the types of probate cases filed here, current fees, and where to find legal help in the area.
Santa Rosa County Quick Facts
Santa Rosa County Clerk of Court
Donald Spencer is the elected Clerk of Court for Santa Rosa County. His office processes all probate filings that come before the 1st Circuit's probate division, including petitions for formal and summary administration, will deposits, guardianship cases, and ancillary proceedings for out-of-state decedents with property in the county. The courthouse is located in Milton, the county seat, and it is the only full-service probate filing location in Santa Rosa County.
| Clerk of Court | Donald Spencer |
|---|---|
| Address | 6865 Caroline St, Milton, FL 32570 |
| Phone | (850) 981-5602 |
| Website | www.santarosaclerk.com |
| Hours | Monday - Friday, 8:00 AM to 5:00 PM |
The 1st Judicial Circuit covers Escambia, Okaloosa, Santa Rosa, and Walton counties. The circuit's administrative offices are based in Pensacola (Escambia County), but each county manages its own docket through its local clerk. Probate cases filed in Santa Rosa County stay in Milton and are heard by judges assigned to the county's probate division.
If you have questions about a specific case, the clerk's office can confirm whether a file exists, what documents have been submitted, and when hearings are scheduled. Staff won't give legal advice, but they can explain general filing procedures and help you locate the right forms.
The Santa Rosa County Clerk of Court homepage at santarosaclerk.com gives access to the case search portal and court services.
From the clerk's homepage, you can search probate cases, request copies of court documents, and find information on filing new petitions in Santa Rosa County.
Florida Courts also lists the Santa Rosa County Clerk of Court in its statewide directory: Florida Courts Find a Clerk.
Use the statewide directory to verify current contact details for the Santa Rosa County Clerk before visiting or mailing a records request.
How to Search Santa Rosa County Probate Records
Santa Rosa County probate records can be searched online, in person at the Milton courthouse, or by mail. Most case information is public, though certain documents are restricted by Florida law.
The online case search portal is available through the clerk's website at www.santarosaclerk.com. You can search by the decedent's name, the case number, or the petitioner's name. The portal shows filed documents, case status, upcoming hearings, and basic case information. Inventories and accountings are not viewable online because Florida law makes those records confidential, but everything else in the public file is generally accessible through the portal.
In-person access is available at 6865 Caroline St in Milton, Monday through Friday from 8:00 AM to 5:00 PM. Bring the decedent's full legal name and any case number you have. Staff can locate the file and direct you to a public access terminal or pull the physical record. Fees apply for paper copies. Certified copies cost more than plain copies and take a bit longer to prepare.
Mail requests are handled by the clerk's office. Write to Santa Rosa County Clerk of Court, 6865 Caroline St, Milton, FL 32570. Include the decedent's name and case number, a description of the documents you want, and a check payable to the Clerk of Court. Call (850) 981-5602 first to get the current per-page and certification fees so your payment covers the full cost.
For older records that predate electronic filing, you may need to visit in person. The clerk can tell you which years are fully digitized and which require a manual file pull. Santa Rosa County has grown rapidly in recent decades, so the volume of probate filings has increased. Older rural estate records from the mid-20th century may be on microfilm.
Types of Probate Cases in Santa Rosa County
Florida law defines several types of probate proceedings, and the one that fits a given situation depends on the estate's value, the time since death, and what property is involved.
Formal Administration is the full probate process. It's required for estates worth more than $75,000 or any estate that needs a personal representative, regardless of size. The personal representative is court-appointed, given Letters of Administration, and takes responsibility for collecting assets, paying creditors, filing tax returns, and distributing what remains to the heirs. Formal administration in Santa Rosa County is handled at the 1st Circuit's probate division in Milton.
Summary Administration is a shorter, cheaper option for estates valued at $75,000 or less, or for any estate where the decedent has been dead for two or more years. No personal representative is appointed. The court reviews a petition and issues an order of summary administration directing the transfer of specific assets. This process takes weeks rather than months in most cases.
Disposition Without Administration is the most limited type of proceeding. It applies only when the estate has no real property, the only assets are personal property, and the combined value of those assets is under $6,000 after accounting for funeral costs and final medical bills. The court issues a brief letter authorizing the transfer. No case number is assigned and no estate is formally opened.
Ancillary Administration applies when a person who lived in another state died owning real property in Santa Rosa County. A Florida probate case must be opened here to transfer that Florida property, even if a full probate proceeding is already underway in the decedent's home state. This is a common filing type in areas like Santa Rosa County where out-of-state buyers have purchased vacation homes or investment land near the Gulf Coast.
Guardianship proceedings are also handled by the probate division. These cases involve appointing a legal guardian for adults who have lost decision-making capacity, or for minors who have inherited substantial assets. Santa Rosa County sees guardianship cases tied to military families stationed at nearby bases as well as elderly residents throughout the county.
Filing Fees for Santa Rosa County Probate Cases
Probate filing fees in Santa Rosa County follow Florida's statewide fee schedule. Fees are collected by the clerk's office at the time of filing and are not refunded once the case is opened.
| Formal Administration (opening) | $400.00 |
|---|---|
| Summary Administration | $235.00 |
| Disposition Without Administration | $85.00 |
| Ancillary Administration | $400.00 |
| Certified Copy (per page) | $1.00 + $2.00 cert fee |
| Exemplified Copy | $7.00 |
| Recording Fee | $10.00 first page, $8.50 each add'l |
Attorney fees in Florida probate cases are set by statute and tied to the value of the estate. The percentage decreases as the estate value increases. Personal representative compensation follows a similar schedule. Both must be approved by the court in formal administration cases before payment from estate funds. The court can approve fees above the statutory schedule if the circumstances justify it.
Call the clerk's office at (850) 981-5602 to confirm current fees before filing. The schedule listed here reflects Florida's standard rates but it's worth verifying, as administrative fees can be updated by the Florida Legislature.
The Probate Process in Santa Rosa County
Opening a probate estate in Santa Rosa County follows the procedures set out in Florida's Probate Code. Here is a plain-language summary of how formal administration works. This is general information, not legal advice.
The first step is will deposit. Under Florida Statutes section 732.901, any person who holds a will must deposit it with the clerk of court within 10 days of learning of the decedent's death. This applies whether or not probate is being opened immediately. The clerk holds the will in safekeeping. Anyone who knowingly fails to file a will can be held liable to those who suffer a financial loss as a result.
Next, the petitioner files a Petition for Administration with the Santa Rosa County Clerk of Court. The petition identifies the decedent, lists the heirs and beneficiaries, estimates the estate value, and requests appointment of a personal representative. If there is a will, it is submitted for admission to probate at this stage.
Once the court approves the petition, it issues Letters of Administration. These letters are the legal document that gives the personal representative authority to act. Banks, title companies, and other institutions require these letters before allowing the representative to access or transfer estate assets.
The personal representative then notifies creditors. Florida law requires publication of a Notice of Administration in a local newspaper for two consecutive weeks, and direct written notice to any known creditors. Creditors have three months from the first publication date or 30 days from the mailing date, whichever is later, to file claims against the estate.
After the creditor period closes, the representative inventories assets, pays valid debts and taxes, and then distributes what remains to the beneficiaries named in the will. If there is no will, Florida's intestacy statutes govern who inherits. A final accounting is filed with the court. When the court approves the accounting and discharge petition, the case is closed.
Florida's full Probate Code is available at Chapters 731 through 735 of the Florida Statutes.
Legal Resources in Santa Rosa County
Santa Rosa County residents who need help with a probate case have several options, from private attorneys to free legal aid.
The Santa Rosa County Bar Association can provide referrals to local probate attorneys. Many practitioners in the area also handle estates for clients in nearby Escambia and Okaloosa counties and are familiar with the 1st Circuit's local rules and procedures. The Florida Bar's Lawyer Referral Service offers referrals statewide and can connect you with a licensed attorney in the area.
Pensacola Legal Services and Northwest Florida Legal Services provide free civil legal help to income-qualifying residents in Santa Rosa County. These organizations can assist with basic probate questions, particularly for surviving spouses, elderly clients, or families dealing with modest estates. Contact Northwest Florida Legal Services at (850) 542-8188 to ask about eligibility and availability.
The Florida Courts Self-Help Center provides downloadable probate forms, procedural guides, and plain-language instructions for common probate proceedings. Summary administration in particular is a process that many families handle without an attorney when the estate is straightforward. For anything more complex, including disputes between heirs, contested will filings, or large estates, an attorney is worth the cost.
Cities in Santa Rosa County
No cities in Santa Rosa County meet the population threshold for a dedicated city page. Milton is the county seat, and Navarre and Gulf Breeze are among the larger communities, but none qualify based on population size. All probate matters for Santa Rosa County residents are handled at the Clerk of Court in Milton.