Volusia County Probate Court Records are the official court files for every estate case opened in this Florida county. These records show who filed a probate case, the name of the person who died, the personal representative named by the court, and the final outcome.
They are kept by the Clerk of the Circuit Court in DeLand and are open to the public. Families, heirs, attorneys, and researchers all use these records to track estate cases, verify property transfers, and settle legal matters tied to a death.
What Volusia County Probate Court Handles
The Volusia County probate court sits inside the 7th Judicial Circuit of Florida. The 7th Circuit also covers Flagler, Putnam, and St. Johns counties. Volusia County has a population of more than 551,000 people, and many of them are retirees who own real property along the Atlantic coast. That population creates a high number of probate filings each year, including many cases for out-of-state residents who own vacation homes here.
Clerk of the Circuit Court
Laura E. Roth serves as the Clerk of the Circuit Court for Volusia County. Her office holds the docket for all probate cases, accepts new filings, assigns case numbers, collects filing fees, stores the original court papers, and issues certified copies to the public. The clerk also runs the official records website where people can search probate cases online by name, case number, or date.
Courthouse Locations
The main probate court sits at the Volusia County Courthouse in DeLand, which is the county seat. A second courthouse branch operates in Daytona Beach for certain hearings and filings. Most new probate petitions get filed in DeLand, but judges may schedule hearings in either city based on their own calendars. The clerk’s main office in DeLand handles document requests and certified copies for the public.
Why These Records Matter
Probate records serve many purposes. Heirs use them to confirm they were named in a will or that the court recognized their inheritance. Creditors check probate files to see if a person who owed them money has a pending estate. Banks and title companies ask for certified probate records before they will release money or transfer real estate. Genealogists and researchers also rely on probate files to trace family history and property ownership going back many decades.
How to Search Volusia County Probate Court Records
Anyone can search Volusia County probate court records using three methods. The fastest way is the online case search tool. The second way is to visit the clerk’s office in person. The third way is to send a written request by mail. Each method has its own rules, costs, and what you can see.
Online Search Tool
The Volusia County Clerk of Court runs an online case search at volusiaclerk.org. You can look up probate cases by name, case number, or filing date. The system shows the case type, filing date, parties on the case, and a list of docket entries with dates. Basic case information is free to view and no login is required. The online system covers most cases filed in recent years, but very old probate cases from the 1980s and earlier may not be in the digital index.
In-Person Records Request
To get a copy of an actual probate document, you need to visit the clerk’s office at 101 N Alabama Ave in DeLand. Bring the case number if you have it. Staff can pull the file and make copies at the rates set by state law. You can pay by cash, check, money order, or card. The clerk’s office is open Monday through Friday from 8:00 AM to 5:00 PM. Plan to arrive early because the lunch hour tends to be busy.
Mail Request for Probate Records
You can also request probate records by mail. Send a written request that includes the case number, the names of the parties, a list of the documents you need, your return address, and payment for the copy fees. Make checks payable to the Clerk of Court. The clerk’s office will process the request and mail the copies back to you, usually within one to two weeks.
Records Not Posted Online
Florida law does not allow clerks to post the actual content of probate filings on a public website. The online docket will show the case events and the names of the parties, but the underlying documents like wills, petitions, and accountings are not viewable online. To see those documents, you must request copies from the clerk’s office in person or by mail.
Types of Probate Cases Filed in Volusia County
Volusia County sees several kinds of probate filings each year. The type of case depends on the size of the estate, how long the person has been dead, and what kinds of property are involved. Each case type has its own rules and fees.
Formal Administration
Formal administration is the main type of probate case. It is used for estates worth more than $75,000, or when the person died less than two years ago. A licensed Florida attorney must represent the personal representative unless that person is the sole beneficiary. The court appoints a personal representative, who then gathers assets, pays debts, and distributes the estate under court oversight. Most formal administration cases take six months to a year to finish, but contested cases can run much longer.
Summary Administration
Summary administration is a shorter process. It is available when the non-exempt assets of the estate are worth $75,000 or less, or when the person has been dead for more than two years. A petition is filed with the court. If the court approves it, the judge signs an order that distributes the property. No personal representative is appointed. Many families use summary administration to wrap up small estates quickly and at lower cost.
Disposition Without Administration
This is the smallest form of probate. It applies when the person left no real property and the total value of all assets is less than the cost of preferred funeral and medical bills. The clerk signs a letter telling banks or insurance companies to pay those expenses directly. There is no full probate case, and the process usually takes only a few weeks.
Ancillary Administration
Ancillary administration handles estates where the person lived in another state but owned property in Florida. Volusia County sees many of these cases because the Atlantic coast is full of vacation homes owned by out-of-state residents. The Florida court only has power over the property located inside Florida, and the rest of the estate is handled in the home state.
Will Deposit for Safekeeping
Under Florida Statutes section 732.901, anyone who has a will must file it with the clerk within 10 days of learning the person died. The will gets stored in the court file, but no probate case is opened unless someone later files a petition. A will deposit protects the original document from being lost and creates a public record that the will exists.
Filing Fees and Court Costs in Volusia County
Probate filing fees in Volusia County follow the rate set by Florida Statutes section 28.241. The clerk does not set its own rates. Every county in Florida charges the same base filing fee for the same type of case. Other costs like certified copies, publication, and attorney fees add to the total cost of probate.
Base Filing Fees
The filing fee for a formal administration petition is based on the value of the estate. Estates worth less than $10,000 pay a flat fee. Larger estates pay a graduated fee that goes up as the value increases. For most mid-size estates, the base filing fee runs between $300 and $400 before any other charges. Summary administration petitions carry a lower flat filing fee, no matter the size of the estate.
Certified Copy Charges
Certified copies cost $1 per page plus a small certification charge per document. Banks, brokerages, and title companies all ask for certified copies of the Letters of Administration or the order of summary administration before they will release money or transfer property. Plan to order at least two or three certified copies when you start a probate case. Each institution usually keeps its own certified copy.
Publication Fees
The personal representative in a formal administration must publish a notice to creditors in a local newspaper once a week for two consecutive weeks. The newspaper sets the price, which usually runs between $75 and $150 in Volusia County. The publication tells creditors that they have a set time to file a claim against the estate.
Attorney Fees
Attorney fees for formal administration are set by Florida Statutes section 733.6171. The law creates a list of fees that are presumed reasonable based on the value of the estate. The schedule covers both the personal representative and the attorney. Families and attorneys can agree to a different fee in writing, but most follow the statutory schedule because it is well accepted by the court.
The Probate Process in Volusia County
The probate process follows a set of clear steps. Each step has its own paperwork, deadlines, and court actions. Most formal cases take at least six months from the first filing to the final discharge.
Filing the Initial Petition
A formal probate case starts with a petition for administration. The petition names the person who died, the proposed personal representative, and the heirs or beneficiaries. The original will, if one exists, is filed at the same time. The clerk assigns a case number and sends the file to the probate judge for review.
Letters of Administration
After the judge signs an order, the clerk issues Letters of Administration. These letters give the personal representative legal power to act for the estate. With the letters, the personal representative can collect bank accounts, sell property, pay debts, and handle all other estate business. Banks and other institutions will ask to see certified copies of the letters before they will release any money or property.
Creditor Notice Period
Florida law gives creditors a set time to file claims against the estate. The personal representative must publish a notice in a local newspaper and may also send direct notice to known creditors. Creditors then have 90 days from the date of the first publication, or 30 days from receiving direct notice, to file a claim. Claims filed after the deadline are usually barred.
Inventory and Accounting
The personal representative must file an inventory of the estate’s assets with the court. The inventory lists every asset, its value, and how it is held. Florida law treats the inventory as a confidential document. It is not open to public inspection. The personal representative also files accountings that show all money received and paid out during the administration.
Closing the Case
Once the creditor period has closed and all valid claims have been paid, the personal representative files a petition for discharge. The court reviews the final accounting and, if everything is in order, signs an order discharging the personal representative. The case is then closed, and the remaining assets are distributed to the beneficiaries under the terms of the will or Florida law.
Legal Help and Self-Help Resources
Volusia County has several free and low-cost resources for people who need help with probate. Some groups give legal advice, while others only point you to the right forms. Knowing which resource to contact can save time and money.
Volusia Legal Services
Volusia Legal Services provides free civil legal help to people who live in Volusia County and meet income limits. They can advise on whether an estate needs full probate and can help with some summary administration cases. They do not handle every probate matter, but they are a good first call for families who cannot afford a private attorney. Their office is reachable through vlsfl.org.
Florida Bar Consumer Guide
The Florida Bar publishes a free consumer pamphlet called “Probate in Florida.” It explains the process in plain words, covers how to find an attorney, and lists what a personal representative does. The pamphlet is free to read online at floridabar.org and is a good starting point for anyone new to probate.
Self-Help Center at the Courthouse
The 7th Judicial Circuit runs a self-help center at the DeLand courthouse. Staff can help you find the right forms, explain basic procedures, and answer general questions. They cannot give legal advice or represent you in court. The Florida Courts website also has a full forms library at flcourts.gov where you can download approved probate forms for free.
Volusia County Bar Association
The Volusia County Bar Association runs a lawyer referral service. A referral connects you to a local probate attorney for a first meeting, often at a reduced cost. Most probate attorneys in DeLand and Daytona Beach handle both formal and summary administration cases. The bar association can be reached through volusiabar.org.
How Florida Death Records Connect to Probate
Florida death records and probate cases are closely linked. A certified Florida death certificate is required to open most probate cases, claim life insurance, transfer property, and settle bank accounts. Understanding how to get these records makes the probate process smoother and faster.
Florida Bureau of Vital Statistics
The Florida Bureau of Vital Statistics is the main state office that issues death certificates. It is part of the Florida Department of Health. The Bureau keeps a statewide Florida death index that includes records from 1917 to the present. Most death certificates from 2009 forward can be ordered online through the Bureau’s website. Older records require a written request.
Ordering a Death Certificate Online
Florida death certificates can be ordered online through the state’s vital records portal or through approved third-party services like VitalChek. The online process asks for the name of the person who died, the date of death, the county of death, and the requester’s contact data. Each certified copy costs a set fee plus a small service charge. Most online orders are processed within one to three business days.
Death Certificate by Mail
You can also order a Florida death certificate by mail. Send a completed death certificate application, a copy of your photo ID, and payment by check or money order. The Bureau of Vital Statistics will mail the certified copy to you, usually within two to four weeks. The mail-in option is good for people who do not need the record right away.
Death Records at the County Level
Florida death records are also available at the county level. Each Florida county health department can issue death certificates for deaths that happened in that county. The Volusia County Health Department, part of the Florida Department of Health, can provide certified death certificates for deaths that took place in Volusia County. County offices often process walk-in requests the same day.
Older Death Records and Archives
Florida death records from before 1977 are not held by the Bureau of Vital Statistics. They are kept by the Florida State Archives in Tallahassee. Researchers and genealogists can request older records by writing to the Archives. The Florida State Archives also holds a Florida death index that covers many of these older years and makes it easier to locate the right record.
Death Records for Genealogy
Florida genealogy death records are a popular tool for people tracing their family history. The Florida death index, the Florida State Archives, and the local county health departments all hold records that can help. Florida obituaries in local newspapers add more detail and are held by libraries, the Florida State Archives, and online obituary databases.
Volusia County Clerk Contact and Office Details
The Volusia County Clerk of Court probate office is the right place to start for any probate record request. The office handles filings, certified copies, and case status questions. Always call ahead to confirm hours, fees, and what you need to bring for in-person visits.
| Office | Details |
|---|---|
| Clerk Name | Laura E. Roth |
| Main Address | 101 N Alabama Ave, DeLand, FL 32724 |
| Branch Address | 125 E Orange Ave, Daytona Beach, FL 32114 |
| Phone | (386) 736-5912 |
| Website | volusiaclerk.org |
| Office Hours | Monday – Friday, 8:00 AM to 5:00 PM |
| Judicial Circuit | 7th Judicial Circuit |
Official Website: volusiaclerk.org | Phone: (386) 736-5912 | Hours: Monday – Friday, 8:00 AM to 5:00 PM
Cities in Volusia County
Volusia County is home to several cities, all of which file probate cases at the same Clerk of Court office in DeLand. Two of the largest cities have dedicated pages on this site for their specific probate and court records.
- Daytona Beach
- Deltona
- Ormond Beach
- Port Orange
- New Smyrna Beach
- Edgewater
- DeLand (county seat)
Other communities include Holly Hill, Lake Helen, Orange City, DeBary, and Ponce Inlet. Probate cases for all of these cities are filed with the Volusia County Clerk in DeLand.
Nearby Counties in the 7th Circuit and Beyond
Volusia County is part of the 7th Judicial Circuit. The other counties in this circuit also have their own probate courts and clerks. The list below shows nearby counties that share borders or are part of the same circuit.
- Flagler County
- Putnam County
- St. Johns County
- Marion County
- Lake County
- Seminole County
- Brevard County
Probate cases for people who lived in any of these counties are filed with the clerk of that county, not Volusia County. The list above can help families who own property in more than one Florida county and need to open separate probate cases in each.
Common Questions About Volusia County Probate Court Records
This section answers the most common questions people ask about probate records in Volusia County, including costs, timelines, and how to get death certificates. The answers below give specific, useful facts to help you move forward with your case or research.
Are Volusia County probate records free to search online?
Basic case information on the Volusia County Clerk’s online portal is free to view. You can search by name, case number, or date and see the docket entries. To get copies of the actual documents like wills, petitions, or orders, you must request them from the clerk’s office and pay the certified copy fee. The fee is set by Florida law and is the same in every Florida county.
How long does a probate case take in Volusia County?
A simple summary administration case in Volusia County can close in two to three months. A formal administration case usually takes six months to one year, because of the creditor notice period, the inventory deadline, and the final accounting. Contested cases that involve will challenges, creditor disputes, or removal of the personal representative can take two to three years or more to resolve.
Do I need a Florida death certificate to open a probate case?
Yes. A certified Florida death certificate is required to open a probate case. The clerk will not accept a petition for administration without a certified copy. The death certificate can be ordered from the Florida Bureau of Vital Statistics, the Volusia County Health Department, or an approved online service. You will also need extra certified copies for banks, brokerages, and life insurance companies.
How much does a Florida death certificate cost?
The fee for a certified Florida death certificate is set by state law. Each certified copy costs a set amount, plus a small service charge if you order online. The Florida Bureau of Vital Statistics, the Volusia County Health Department, and third-party services like VitalChek all charge roughly the same base fee. Discounts may apply for large orders or for people who show proof of need.
Can I get Florida death records from before 1977?
Yes. Florida death records from before 1977 are held by the Florida State Archives in Tallahassee, not by the Bureau of Vital Statistics. You can request older records by writing to the Archives or by visiting in person. Many of these older records have been added to the Florida death index, which is available online through genealogy sites and the Archives’ own search tools.
What happens if no one opens a probate case in Volusia County?
If no one opens a probate case, the property of the person who died stays in legal limbo. Banks will not release accounts, real estate cannot be sold or transferred, and creditors cannot collect. Heirs can lose the right to claim the property if too much time passes. Florida law allows property to escheat to the state if no one claims it after a set number of years.
Can I search Volusia County probate records by name only?
Yes. The online case search at volusiaclerk.org lets you search by the name of the person who died or by the name of the personal representative. Try the full name and the last name only, since older entries may have been typed in different formats. If you cannot find a case online, an in-person index search at the DeLand clerk’s office can help you locate older cases.