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Probate Attorney for Gainesville, Florida

Settling a Gainesville estate, often from out of state, takes a court appointment and a Florida attorney.

We handle Gainesville and Alachua County probate wherever you are, for a flat fee you can see up front.

  • Done by phone, video, and e-signature
  • Flat fees from $1,500, no hourly surprises
  • Litigates Florida probate and trust disputes in court
Book a free 30-minute consult Flat fees from $1,500 · serving Gainesville and Alachua County residents

Quick Overview

A Gainesville estate is filed in the county where the person lived, and Florida lets attorneys e-file everything, so an out-of-state family never travels to court. We handle Gainesville and Alachua County probate for flat fees from $1,500. The three kinds of probate, the timeline, and serving from out of state are below.

Topics to Know HideShow

Below, we walk through the 4 issues that decide whether this is the right move for you. Jump to any one.

  1. Probate in Alachua County: Where It’s Filed It files in the county where the person lived, and attorneys e-file every document, so an out-of-state family never has to travel to the Alachua County courthouse.
  2. Which Kind of Probate You’ll Need Most estates pass through one of three doors, and the cheapest may be open. Summary administration clears estates of $150,000 or less (raised from $75,000 on July 1, 2026), or any estate more than two years old.
  3. How Long, and What It Costs Flat fees start at $1,500 for disposition, $2,500 summary, and $3,500 formal. A formal case is paced by the 3-month creditor window, so it runs about 6 to 12 months.
  4. Out-of-State Personal Representatives You can serve as personal representative from another state if you are related to the decedent. An out-of-state child qualifies, and we handle it wherever you are.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

Probate in Alachua County: Where It’s Filed

Gainesville is in Alachua County, which sits in Florida’s 8th Judicial Circuit. Probate is filed with the Alachua County Clerk of the Court, in the county where the decedent was domiciled at death. Cases are handled at the Family and Civil Justice Center at 201 East University Avenue in Gainesville. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Alachua County estate handled without anyone traveling to the courthouse.

In Alachua County, probate is handled at the Family and Civil Justice Center, separate from the criminal courthouse. We serve Gainesville and Alachua County residents, including Gainesville, Alachua, Newberry, High Springs, Archer, Hawthorne.

Which Kind of Probate You’ll Need

Most Alachua County estates pass through one of three doors. The cheapest one may be open.

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 Alachua County filing fee (about $400), newspaper publication, and certified copies, are additional and passed through at cost. See the full Florida probate guide →

Disposition without administration
From $1,500
The smallest estates, where the assets are exempt or do not exceed the funeral and final medical expenses. The petition and the order releasing the asset.
Summary administration
From $2,500
Estates under $75,000 of non-exempt assets, or where the death was more than two years ago. The petition, the orders and the transfer of the assets, usually without a personal representative.
Formal administration, routine estate
From $3,500
The full court process with a personal representative appointed. Letters of administration, notice to creditors and the claims period, the inventory, the accounting and the distribution. Larger estates estimated at the consult.
Recording costs vary by county and start at $19.20 for a deed. Documentary stamp tax, court filing fees, publication and certified copies are additional and passed through at cost.

Out-of-State Personal Representatives

Under Florida law, you can serve as personal representative of a Alachua 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 Gainesville and Alachua County by phone, video, and e-signature.

Local Rules, Judges, and the Clerk’s Probate Office

Every circuit publishes administrative orders and local procedures that control how probate actually runs in Alachua County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. The court will not enter an order determining homestead until the creditor publication period and the known creditor claim period have both expired, unless you move for it on good cause and set a hearing. Filing is also not presenting. The court is not notified of new filings, so the parties have to place the matter before the court by email, and nothing is entered until the clerk has docketed and imaged everything, which the court warns can take 7 to 10 days. The circuit numbers its orders in series, and Series 7 is the probate and guardianship series. The order that changes timelines most often is 7.14, which blocks an order determining homestead until the creditor periods have run.

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 Gainesville estate?

A free 30-minute consult tells you which kind of probate applies and what it will cost.

Book your free consult

Frequently Asked Questions

How do I choose a probate lawyer in Gainesville?

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 Gainesville and Alachua County families.

Where is probate filed in Alachua County?

Probate is filed with the Alachua County Clerk of the Court, in the 8th 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 Alachua 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 Gainesville and Alachua County by phone, video, and e-signature.

Sources


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 Gainesville and Alachua County residents from Miami; this is not a Gainesville office.

Gainesville probate, wherever you are

Book a free 30-minute consult and we’ll quote a flat fee.