Probate in Marion County
Understanding the probate process in Ocala and Marion County, Florida
This information is for educational purposes only and does not constitute legal advice. For specific probate guidance, consult with a qualified probate attorney in Marion County.
Probate is the legal process through which a deceased person's estate is administered and distributed under court supervision. In Marion County, Florida, this process is handled by the Circuit Court's Probate Division.
The probate process serves several important purposes: validating the deceased person's will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining assets to beneficiaries.
Marion County Circuit Court located at 110 NW 1st Avenue, Ocala, FL 34475 handles probate matters for all of Marion County, including Ocala, Belleview, Dunnellon, and surrounding areas.
Required for estates over $75,000 or when complications exist:
- Court supervision throughout process
- Personal representative appointed
- Notice to creditors published
- Inventory filed with court
- Final accounting required
Simplified process for smaller estates:
- Estate value under $75,000
- Or decedent died more than 2 years ago
- Minimal court supervision
- No personal representative needed
- Assets distributed directly
File Petition
Submit petition for administration with Marion County Circuit Court, along with the death certificate and original will (if any).
Appointment of Personal Representative
Court appoints executor (named in will) or administrator to manage the estate and issues Letters of Administration.
Notice to Creditors
Publish notice in local newspaper (often the Ocala Star-Banner) to notify potential creditors of the probate proceedings.
Inventory Assets
Identify, locate, and value all estate assets. File inventory with the court within 60 days.
Pay Debts and Taxes
Pay valid creditor claims, final income taxes, and estate taxes if applicable.
Distribute Assets
Distribute remaining assets to beneficiaries according to the will or Florida intestacy laws.
Final Accounting
File final accounting with the court and petition for discharge of the personal representative.
Typically Subject to Probate
- Real estate owned solely by decedent
- Bank accounts in decedent's name only
- Investment accounts without beneficiaries
- Personal property (cars, jewelry, etc.)
- Business interests without succession plans
- Life insurance with estate as beneficiary
Typically Avoid Probate
- Joint tenancy with rights of survivorship
- Assets in revocable living trusts
- Retirement accounts with beneficiaries
- Life insurance with named beneficiaries
- Bank accounts with POD/TOD designations
- Property with enhanced life estates
Court Costs and Fees
- Filing fees for petitions
- Publication costs for creditor notice
- Court reporter fees (if needed)
- Certified copy fees
- Service of process fees
Professional Fees
- Attorney fees
- Personal representative compensation
- Appraiser fees
- Accountant fees
- Real estate agent commissions
Florida Attorney Fee Schedule
Florida Statutes provide presumptively reasonable attorney fees:
- $1,500 for estates up to $40,000
- $2,250 for estates $40,000-$70,000
- $3,000 for estates $70,000-$100,000
- 3% of estate value for amounts over $100,000
- Additional fees for extraordinary services
Note: Total probate costs typically range from 3-8% of the estate value, depending on complexity.
These Marion County attorneys have experience with probate and estate administration:
Allen Law Accident & Injury Lawyers
112 S Pine Ave, Ocala
📞 (866) 928-6292
Douglas Law Firm
110 N Magnolia Avenue, Ocala
📞 (352) 261-6054
Klein & Klein, LLC
Ocala, Ocala
📞 (352) 732-7750
Gooding & Batsel, PA
1531 SE 36th Ave, Ocala
📞 (352) 579-1290
The Florida Legal Advocacy Group, P.A.
445 NE 8th Ave, Ocala
📞 (352) 732-8030
Sevilla Law
P.O. Box 280, Silver Springs
📞 (352) 789-3513
Law Firm Ocala
110 N Magnolia Ave, Ocala
📞 (352) 390-2693
Zinzow Law
110 SE 3rd Street, Ocala
📞 (352) 629-8000
Understanding probate is just one part of comprehensive estate planning. Learn about related topics that can help you plan more effectively:
Wills and Trusts Information
Learn how proper estate planning with wills and trusts can minimize or avoid probate complications.
Elder Law Information
Comprehensive elder law planning that considers probate implications and estate administration needs.
Important: These pages provide general educational information only. For guidance specific to your probate situation, consult with qualified probate attorneys in Marion County.
Proper Estate Planning
- Create a comprehensive, valid will
- Consider revocable living trusts for larger estates
- Use joint ownership with rights of survivorship
- Designate beneficiaries on all accounts and policies
- Keep estate planning documents current
Asset Management
- Use payable-on-death (POD) and transfer-on-death (TOD) accounts
- Consider enhanced life estates for real property
- Maintain organized financial records
- Regularly review and update beneficiary designations
Communication
- Discuss estate plans with family members
- Ensure executor/personal representative is willing to serve
- Provide family with location of important documents
- Consider family meetings to prevent disputes
Professional Guidance
- Work with experienced estate planning attorneys
- Consider consultation with tax professionals
- Review plans after major life changes
- Keep attorney contact information accessible to family
Disclaimer: This information is provided for educational purposes only and should not be considered legal advice. Probate laws and procedures are complex and change over time. Each estate situation is unique and may require different approaches. Always consult with a qualified probate attorney in Marion County for guidance specific to your situation and to ensure compliance with current Florida probate laws and local court rules.