Search Volusia County Probate Records

Volusia County probate court records are filed and maintained by the Clerk of Court in DeLand and cover all estate cases opened in the 7th Judicial Circuit. The clerk's office processes formal administration petitions, summary administration filings, and will deposits for estates tied to Volusia County. With more than 551,000 residents and a large retiree population along the Atlantic coast, probate filings here are among the higher-volume cases in the circuit. This page covers where to search, what you can access, how fees are set, and what steps to expect when working through a Volusia County probate case.

About Volusia County Probate Court

Probate cases in Volusia County go through the Circuit Court, which sits within the 7th Judicial Circuit of Florida. The 7th Circuit also serves Flagler, Putnam, and St. Johns counties, all under the same court structure. The main courthouse is in DeLand, which is the county seat and the primary filing location for all probate matters. A branch courthouse in Daytona Beach handles some filings as well, though the probate division operates out of DeLand for most case processing.

Laura Roth serves as the Clerk of Court for Volusia County. Her office manages the official docket for all probate filings. When someone dies with property in Florida, the estate may need to go through this court before assets can be transferred. The court handles cases ranging from small summary administrations to large formal estates involving multiple beneficiaries and creditors.

The Daytona Beach branch courthouse is located at 125 E Orange Ave, Daytona Beach, FL 32114. Some filings and hearings may be scheduled at that location depending on the judge assigned to the case.

The Florida Courts website lists the Volusia County Clerk of Court as part of its statewide clerk directory. The image below is taken from that directory and confirms the clerk's office information.

The Florida Courts clerk directory lists all 67 county clerks and their contact information for court filings.

Use the clerk's office contact info above to confirm current hours or ask about specific case scheduling before you travel to DeLand.

How to Search Volusia County Probate Records

The Volusia County Clerk of Court provides an online case search tool at volusiaclerk.org. You can search for probate cases by name, case number, or filing date. The online system shows case type, filing date, parties, and docket entries. Most basic case information is available without a login or fee.

Note that Florida law prohibits clerks from posting actual probate documents on publicly accessible websites. This means the online docket may show case events and parties, but the underlying filings are not viewable online. To get copies of actual documents, you need to request them from the clerk's office directly.

To get certified or plain copies of probate records in person, go to the clerk's office at 101 N Alabama Ave in DeLand. Bring the case number if you have it. Staff can pull documents and provide copies at the rates set by state law. You can also submit a written request by mail. Include the case number, a description of the documents you need, and payment for copy fees. The clerk's office will process the request and mail the copies back to you.

If you don't know the case number, search by the decedent's name in the online system. Try both the full name and last name only, since different clerks may have entered names in different formats over the years. Older cases from the 1980s and earlier may not be in the online system and require an in-person index search.

Types of Probate Cases Filed in Volusia County

Volusia County sees several types of probate filings each year. Here is a breakdown of the main case types handled by the circuit court.

Formal Administration is used for estates worth more than $75,000 or when the decedent has been dead less than two years. This process requires a licensed Florida attorney unless the personal representative is the sole beneficiary. The court appoints the personal representative, who then gathers assets, notifies creditors, pays debts, and distributes the estate under court oversight. Formal administration typically takes six months to a year or more depending on estate complexity.

Summary Administration is available when the estate's non-exempt assets are worth $75,000 or less, or when the decedent has been dead for more than two years. This is a shorter process with fewer steps. A petition is filed, and if approved, the court enters an order of summary administration without appointing a personal representative. Many families use this route to transfer smaller estates quickly.

Disposition Without Administration covers the smallest estates. No real property can be included. The total value of assets must be less than the cost of preferred funeral and medical expenses. The clerk issues a letter directing asset holders to pay those expenses directly without a full probate case.

Ancillary Administration handles estates where the decedent lived outside Florida but owned property here. Volusia County sees ancillary cases for out-of-state residents who owned condos, vacation homes, or investment property in the county.

Will Deposits are separate from estate cases. Under Florida Statutes section 732.901, anyone who holds a will must deposit it with the clerk within 10 days of learning the person died. The will is filed but no probate case is opened unless someone petitions the court to open one.

Filing Fees and Costs in Volusia County

Probate filing fees in Volusia County follow the schedule set by Florida Statutes section 28.241. The clerk does not set its own rates. Fees are the same across all 67 Florida counties for the base filing charge.

The filing fee for a formal administration petition is based on the estimated value of the estate. Estates under $10,000 pay a flat fee. Larger estates pay a graduated fee that increases with value. For most mid-size estates, the base filing fee runs between $300 and $400 before any additional charges for certified copies, service of process, or publication fees.

Summary administration petitions carry a lower filing fee. Most summary cases pay a flat filing fee regardless of estate value. This is one reason summary administration is preferred when the estate qualifies.

Additional costs add up. Certified copy fees run $1 per page plus a certification charge per document. Publication fees for the creditor notice are set by the newspaper and typically run $75 to $150 in Volusia County. Attorney fees for formal administration are governed by Florida Statutes section 733.6171, which sets a presumed reasonable fee scale based on estate value. Families can negotiate fees outside the statutory schedule with written agreement.

Certified copies of probate orders are commonly needed by banks, title companies, and financial institutions. Plan on ordering at least two or three certified copies of the Letters of Administration when a personal representative is appointed. Banks will not release accounts without a certified copy, and each institution typically keeps the one you give them.

The Probate Process in Volusia County

A formal probate case in Volusia County starts with filing a petition for administration with the clerk. The petition identifies the decedent, the proposed personal representative, and the heirs or beneficiaries. The original will, if any, must be filed at the same time. The clerk assigns a case number and forwards the file to the probate division judge.

After the court issues Letters of Administration, the personal representative has authority to act on behalf of the estate. This means collecting assets, opening an estate bank account, and notifying creditors. Florida law requires the personal representative to publish a notice to creditors in a local newspaper for two consecutive weeks. Creditors then have 90 days from the date of the first publication or 30 days from receiving direct notice to file a claim.

Once the creditor period closes, the personal representative pays valid debts and files an inventory with the court. Inventories and accountings filed in probate are confidential under Florida law and not available for public inspection. The case closes when the personal representative files a petition for discharge and the court approves it. At that point, remaining assets go to the beneficiaries.

The 7th Circuit's probate judges handle scheduling for hearings. Some uncontested matters are handled on the papers without a hearing. Contested probate cases, will challenges, and removal of personal representative proceedings require hearings and can take years to resolve.

Legal Resources and Self-Help in Volusia County

Volusia County has several resources for people who need help understanding or navigating the probate process.

The Volusia County Legal Services office provides free civil legal help to income-qualifying residents. They can advise on whether an estate needs probate and help with some summary administration matters. Legal Services does not handle all probate cases, but they are a good first call for people who cannot afford an attorney.

The Florida Bar's Probate in Florida consumer guide is a free resource that explains the process in plain language. It covers how to find an attorney, what the personal representative does, and what to expect at each stage.

The 7th Judicial Circuit's self-help center is located at the DeLand courthouse. Staff can point you to forms and explain procedures, though they cannot give legal advice. The Florida Courts website also maintains a forms library at flcourts.gov where you can download approved probate forms at no cost.

For out-of-county families dealing with a Volusia estate, the clerk's office can answer basic questions about filing requirements by phone. Call (386) 736-5912 during business hours. They can also tell you whether a specific case is open and what documents are on file.

The Volusia County Bar Association maintains a lawyer referral service. A referral connects you to a local probate attorney for an initial consultation, often at a reduced fee. Most probate attorneys in DeLand and Daytona Beach handle both formal and summary administration cases regularly.

Cities in Volusia County

Two cities in Volusia County meet the population threshold for dedicated pages on this site.

Other cities in Volusia County include Ormond Beach, Port Orange, New Smyrna Beach, Edgewater, and DeLand. These cities do not have separate pages on this site, but probate cases tied to residents there are all filed at the Volusia County Clerk's office in DeLand.

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