Probate in Clay County: Where It’s Filed
Orange Park is in Clay County, which sits in Florida’s 4th Judicial Circuit. Probate is filed with the Clay County Clerk of the Circuit Court and Comptroller, in the county where the decedent was domiciled at death. Cases are handled at the Clay County Courthouse at 825 North Orange Avenue in Green Cove Springs. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Clay County estate handled without anyone traveling to the courthouse.
Clay County probate is filed with the Clerk’s Civil Department at the courthouse in Green Cove Springs, the county seat, and the Clerk asks that nothing be mailed to a branch office. Call the Orange Park branch first if you plan to hand anything over in person. We serve Orange Park and Clay County residents, including Orange Park, Fleming Island, Green Cove Springs, Middleburg, Keystone Heights.
Which Kind of Probate You’ll Need
Most Clay 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 Clay 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 Clay 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 Orange Park and Clay 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 Clay County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. Unlike Duval, Clay has no standalone probate division. One circuit judge hears all probate and guardianship inside a mixed criminal and civil division, and since March 2022 proposed probate, mental health, and guardianship orders go straight to that judge’s queue through the e-filing portal as a PDF cover letter plus a Word order, while civil orders in the same division go by email to the judicial assistant. Summary administration and homestead petitions also need their own signed attorney checklist e-filed, and no homestead order issues before the creditor claim period expires. The circuit posts its administrative orders through the Duval Clerk repository rather than on the court site, and the orders are circuit-wide, captioned for Clay, Duval, and Nassau together.
- Administrative orders of the Fourth Judicial Circuit
- Fourth Judicial Circuit judges directory
- The clerk’s probate office for Clay 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 Orange Park 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 Orange Park?
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 Orange Park and Clay County families.
Where is probate filed in Clay County?
Probate is filed with the Clay County Clerk of the Circuit Court and Comptroller, in the 4th 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 Clay 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 Orange Park and Clay 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 Clay County Clerk of the Circuit Court and Comptroller (4th 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 Orange Park and Clay County residents from Miami; this is not a Orange Park office.