Probate in Volusia County: Where It’s Filed
Daytona Beach is in Volusia County, which sits in Florida’s 7th Judicial Circuit. Probate is filed with the Volusia County Clerk of the Circuit Court and Comptroller, in the county where the decedent was domiciled at death. Cases are handled at the Volusia County Courthouse at 101 North Alabama Avenue in DeLand. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Volusia County estate handled without anyone traveling to the courthouse.
Volusia County files probate at the courthouse in DeLand, the county seat, not in Daytona Beach. We serve Daytona Beach and Volusia County residents, including Daytona Beach, Port Orange, Ormond Beach, Deltona, DeLand, New Smyrna Beach.
Which Kind of Probate You’ll Need
Most Volusia County estates pass through one of three doors. The cheapest one may be open.
- Disposition without administration. Tiny estates with only exempt property and final-expense reimbursement; days to weeks.
- Summary administration. Estates of $150,000 or less (raised from $75,000 on July 1, 2026) after exempt property, or when the decedent died more than two years ago; often weeks.
- Formal administration. Everything else; a personal representative is appointed and the case runs about 6 to 12 months.
We confirm which applies at your consult and quote a flat fee. Estimate the cost and timeline first →
How Long, and What It Costs
Formal administration is paced by the 3-month creditor-claim window; clean distribution waits for it to pass. Florida law sets a presumed-reasonable attorney fee scaled to the estate, but it’s a ceiling, not a mandate. Our flat fees start at $1,500 (disposition), $2,500 (summary), and $3,500 (formal). Government costs, the Volusia County filing fee (about $400), newspaper publication, and certified copies, are additional and passed through at cost. See the full Florida probate guide →
Out-of-State Personal Representatives
Under Florida law, you can serve as personal representative of a Volusia County estate from another state if you’re related to the decedent by blood, adoption, or marriage; an out-of-state child qualifies. We represent personal representatives across Daytona Beach and Volusia County by phone, video, and e-signature.
Suddenly responsible for a house or other real property here? Our Volusia County property owner's guide maps every office that now matters to you, including the property appraiser, tax deadlines, code enforcement, and how to watch what the county is planning near the property.
Local Rules, Judges, and the Clerk’s Probate Office
Every circuit publishes administrative orders and local procedures that control how probate actually runs in Volusia County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. Volusia splits criminal, civil, and family cases between Daytona Beach and DeLand, but probate is not split. Every probate, guardianship, incapacity, and trust case in the county goes to one division in DeLand. Proposed orders are emailed to that division in Word and must not be filed through the portal. A long-standing order lets the clerk return a probate pleading unfiled, for a caption defect alone, if a proceeding the rules call adversary does not carry the adversary case style. A second order bars any motion to compel in a probate case unless you first gave written notice of the deficiencies and ten days to cure, and attached it.
- Administrative orders of the Seventh Judicial Circuit
- Seventh Judicial Circuit judges directory
- The clerk’s probate office for Volusia County
- Local probate forms and checklists
You do not have to learn any of this yourself. Part of what a flat fee covers is an attorney who already files under these rules, so nothing bounces back for a missing checklist.
Handling a Daytona Beach estate?
A free 30-minute consult tells you which kind of probate applies and what it will cost.
Book your free consultFrequently Asked Questions
How do I choose a probate lawyer in Daytona Beach?
Ask the same four questions everywhere in Florida. Is the fee flat or the statutory percentage, in writing? Does the lawyer litigate if a will contest or objection erupts mid-case? Can the whole case be handled without you coming to Florida, since Florida probate e-files statewide? And does the estate, not you personally, pay the fee? We answer flat, yes, yes, and yes for Daytona Beach and Volusia County families.
Where is probate filed in Volusia County?
Probate is filed with the Volusia County Clerk of the Circuit Court and Comptroller, in the 7th Judicial Circuit, where the decedent was domiciled. Attorneys e-file through the statewide Florida Courts E-Filing Portal, so you don't have to appear in person. We handle Volusia County estates wherever you are.
How long will it take?
Formal administration in any Florida county usually runs 6 to 12 months because the 3-month creditor-claim window (§733.702) must pass. Summary administration is faster, often a few weeks to about two months.
Do I need a local attorney if I live out of state?
You need a Florida attorney for most formal administrations (Fla. Prob. R. 5.030), but you don't need to be local. We represent personal representatives across Daytona Beach and Volusia County by phone, video, and e-signature.
Sources
- Fla. Stat. ch. 733 to 735 (administration); §733.304 (nonresident PR); §733.702 (creditor claims); Fla. Prob. R. 5.030 (attorney required). Filing via the Volusia County Clerk of the Circuit Court and Comptroller (7th Judicial Circuit) and the Florida Courts E-Filing Portal. (retrieved 2026-06-07)
Updated August 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice. We serve Daytona Beach and Volusia County residents from Miami; this is not a Daytona Beach office.