Find Probate Court Records in Sumter County, Florida
Probate court records in Sumter County are filed with the 5th Circuit Court Clerk's office in Bushnell, the county seat. The clerk handles estate openings, will deposits, guardianship filings, and related court records for all decedents who lived in the county or owned property here. Sumter County has grown rapidly in recent years, driven largely by The Villages retirement community, which means a high volume of estate and probate activity relative to the county's size. This page covers where to file, how to search records, what types of cases exist, and what fees to expect.
Sumter County Quick Facts
Sumter County Clerk of Courts
Gloria R. Hayward serves as the Clerk of Court for Sumter County. Her office in Bushnell is the central filing location for all probate matters in the county. The office is small compared to larger Florida counties, but it handles a significant caseload given the large retired population living in The Villages area.
| Clerk | Gloria R. Hayward |
|---|---|
| Address | 209 N Florida St, Bushnell, FL 33513 |
| Phone | (352) 793-0216 |
| Website | www.sumterclerk.com |
| Hours | Monday - Friday, 8:00 AM to 5:00 PM |
The Sumter County Courthouse sits in Bushnell, a small town in the western part of the county. For many residents of The Villages, this means a drive across the county to reach the courthouse. Call ahead before making the trip to confirm what you need to bring and whether the documents can be filed by mail instead. Many routine probate filings can go through the mail, which saves time for families who live far from Bushnell.
The clerk's website at sumterclerk.com provides case lookup tools, a fee schedule, and downloadable forms. You can search probate cases by case number or party name. The site also lists contact information for specific divisions within the office, which can help you reach the right person faster when you call.
Lead-in: The Florida Courts statewide directory includes Sumter County clerk contact details and links to local court resources. Look up Sumter County on the Florida Courts Find A Clerk page for verified contact information.
The Florida Courts directory is maintained by the state and is a reliable source when you need to confirm office addresses, phone numbers, or circuit assignments for any county in Florida.
How to Search Sumter County Probate Records
The Sumter County Clerk's online case search lets you look up probate cases by the decedent's name or the personal representative's name. You can also search by case number if you have it. Search results show the case type, filing date, case status, and a list of documents filed in the case. Some records can be viewed online. Others require an in-person or mail request, particularly for older cases that have not been digitized.
If you are looking for a will that was deposited but no estate was opened, those are also searchable at the clerk's office. Under Florida law, any person who holds a will must file it with the clerk within 10 days of learning of the death, even if they have no intent to open a probate case. These deposited wills are public record once the decedent has passed.
For records that predate the clerk's online system, you will need to contact the office directly. Staff can search older records by name and pull physical files. There may be a search fee or a per-page copy fee. Ask when you call so you know what to expect before you request anything.
Certified copies of probate documents are often needed by banks, financial institutions, title companies, and government agencies when transferring assets after a death. The clerk issues certified copies for a fee. You can request them in person, by mail, or sometimes online through the clerk's portal. Include a check or money order and a self-addressed stamped envelope if requesting by mail.
Types of Probate Cases in Sumter County
Florida law provides several ways to handle a decedent's estate. The type of process depends on the size of the estate, how long ago the person died, and what assets they left behind. All of these case types are filed at the Sumter County Clerk's office.
Formal Administration is used when an estate is worth more than $75,000, or when the decedent has been dead for less than two years and doesn't qualify for a simpler process. This is the most involved type of probate. It requires the court to appoint a personal representative, notify creditors, manage claims, and oversee the final distribution of assets. Formal administration typically takes at least six months, and often longer for larger or more complex estates.
Summary Administration applies when the estate's value is $75,000 or less, or when the decedent has been dead for more than two years. It's faster and less expensive. No personal representative is appointed. Instead, the court issues an order telling financial institutions and other asset holders how to distribute what's left. In straightforward cases, summary administration can wrap up in a matter of weeks.
Disposition Without Administration is the most basic option. It works only when there is no real property and the estate consists of nothing more than exempt property or funds needed to cover funeral and final medical expenses. No estate is formally opened. The clerk issues an authorization that lets whoever paid those costs get reimbursed. This is used most often by a surviving spouse or adult child who covered final expenses out of pocket.
Given the large retired population in Sumter County, summary administration is used frequently. Many residents of The Villages have pre-planned their estates carefully, but even with good planning, a probate case may still be needed to transfer real property or handle assets that were not placed in a trust.
Probate Filing Fees in Sumter County
Filing fees in Sumter County are set by Florida state law and apply uniformly across all counties. The fee to open a formal administration depends on the estimated value of the estate. Small estates under $1,000 pay around $235 to open a case. Larger estates pay more, with the fee rising in steps based on total value. The clerk's website posts a current fee schedule. Call before you file to confirm the exact amount.
Summary administration petitions carry a lower filing fee than formal administration. Disposition without administration has its own fee as well. On top of filing fees, expect to pay for certified copies of any documents you need. Each certified copy costs a base fee plus a charge per page. Recording fees apply if documents need to go into the official public records, which is common for orders affecting real estate title.
There is no fee to deposit a will with the clerk's office. That is a legal obligation, not a paid service. However, if you later want a certified copy of the deposited will, that does carry a copy fee.
Attorney fees in Florida probate cases are set by statute and are based on a percentage of the gross estate value. This applies to the attorney for the personal representative, not the clerk's fees. For very small estates, some families choose to handle the filing themselves using the clerk's self-help resources, but for anything involving real property or significant assets, legal guidance is usually a smart investment.
Florida Probate Law and Sumter County Cases
Florida probate law is found in Chapters 731 through 735 of the Florida Statutes. These chapters cover everything from definitions and jurisdiction to the rights of creditors and the duties of personal representatives. A few rules are particularly relevant for families dealing with estates in Sumter County.
Under Florida Statute 732.901, any person who has custody of a will must deposit it with the clerk of the county where the decedent lived within 10 days of learning of the death. This is mandatory, even if there are no plans to open a probate case. Failing to do so can create legal problems. The Sumter County Clerk's office accepts will deposits during regular business hours.
Inventories and accountings filed in formal administration cases are confidential in Florida. They are not available for public inspection. This is different from many other states. What the public can see are the petitions, court orders, notices to creditors, and other procedural records. So you can track whether a case is open and what stage it's at, but you won't be able to view the actual asset list without being a party to the case.
Florida homestead law adds another layer of complexity. A decedent's primary residence may pass outside of probate entirely if it qualifies as homestead property. This depends on who the heirs are and how the property is titled. For residents of The Villages, where many people own their homes outright and have significant property interests, homestead rules are a common issue to sort through.
About the 5th Judicial Circuit
Sumter County is part of Florida's 5th Judicial Circuit, which also covers Citrus, Hernando, Lake, and Marion counties. The circuit is headquartered in Ocala, which is the seat of Marion County. Each county in the circuit has its own clerk of court and handles probate filings locally, so a Sumter County estate is filed in Bushnell regardless of where the circuit administrative offices are.
Circuit court judges are assigned to probate cases and may rotate across counties depending on caseload. Most uncontested probate matters in Sumter County do not require a court hearing. The judge reviews the petition and supporting documents and signs an order without the parties appearing in person. Contested cases, such as a challenge to a will or a dispute about who should serve as personal representative, do require hearings and are handled more formally.
If an estate involves real property in more than one county within the 5th Circuit, you may still need to file ancillary proceedings in each county where real estate is located. The Sumter County Clerk can tell you whether additional filings are needed based on your situation.
Legal Aid and Local Resources for Sumter County
Legal Services of North Florida and related regional legal aid organizations serve residents of Sumter County who cannot afford an attorney. Eligibility is based on income. For estate matters, legal aid can sometimes help with simple filings like summary administration or disposition without administration.
The Florida Bar's Lawyer Referral Service can connect you with a licensed probate attorney in the area. Many attorneys who practice in the 5th Circuit handle cases across Sumter, Lake, and Marion counties, which is practical for families dealing with estates in The Villages, since that community spans county lines.
The Sumter County Courthouse does not have a staffed law library the way larger counties do, but the clerk's office has self-help materials and can point you to the right forms. The Florida Courts website also has a self-help center with statewide guides on probate procedures. For complex estates, particularly those involving significant real property or disputes among heirs, an attorney is the right call.
Cities in Sumter County
No city in Sumter County meets the population threshold for a dedicated page on this site. The Villages is the county's most well-known community, but it spans Sumter, Lake, and Marion counties and is not an incorporated city. Bushnell, the county seat, and other incorporated cities in Sumter County fall below the threshold. Residents of all communities in the county file probate cases at the Sumter County Clerk's office in Bushnell.