Florida · 2nd Judicial Circuit
Jefferson County Circuit Court probate division Guide
Circuit Court probate division information · Updated January 2026
Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.
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Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Immediate Actions
The first days
First: Get Death Certificates
Required for everythingFlorida Department of Health in Jefferson County - Vital Statistics
Office info
- Probate Court Filing2 copies
- Social Security Administration1 copy
- Life Insurance Claims2 copies
- Bank/Financial Accounts2 copies
- Pension/Retirement Accounts1 copy
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Required by Law
First 10 days
Deposit the Will
Any person having custody of a will must deposit it with the Clerk of Court within 10 days after learning of the testator's death. (F.S. 732.901)
Creditor claim window
Creditors generally have 3 months from first publication of Notice to Creditors to bring claims against the estate. (F.S. 733.702)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Florida small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for testate probate. If no will exists, it's intestate administration.
Complex assets? Business interests, real estate in multiple states, or contested claims may require formal administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Simplest form of probate for very small estates.
- Non-exempt assets do not exceed funeral and medical expenses
- No real property in the estate
- Certified death certificate required
- Itemized funeral bill required
- Qualifies:
- Non-exempt assets do not exceed funeral + 60-day medical expenses
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Petition for Disposition Without Administration (Form 500.130)
- Certified Death Certificate
- Itemized Funeral Bill
- Proof of Payment (receipt showing funeral bill paid)
Simplified probate for smaller estates or estates where sufficient time has passed since death.
- Estate value under $150,000 in non-exempt assets
- OR at least 2 years have passed since death
- No personal representative appointed
- Assets distributed directly to beneficiaries by court order
- Qualifies:
- $150,000 in non-exempt assets (excluding homestead) OR 2+ years since death
- Attorney:
- not required by law, though many families use one
Attorney strongly recommended but not required for summary administration.
Documents you'll need:
- Petition for Summary Administration (Form 500.110)
- Certified Death Certificate
- Original Will (if any)
- Joinder of interested persons or proof of service
Full probate administration with court supervision.
- Personal representative appointed by court
- Attorney representation required in Florida
- E-filing mandatory for attorneys
- Inventory and accounting required
- Creditor notice period required
- Qualifies:
- Estates exceeding $75,000 in non-exempt assets, or less than 2 years since death
- Typical duration:
- 6-12 months minimum
- Attorney:
- required
Documents you'll need:
- Petition for Administration (Form 500.100)
- Certified Death Certificate
- Original Will (if any)
- Oath of Personal Representative (Form 500.300)
- Designation of Resident Agent (Form 500.400)
- Bond (if required by will or court)
- Notice of Administration (Form 500.600)
- Inventory (Form 500.500)
- Accounting (Form 500.700)
For non-Florida residents who owned Florida real property.
- Decedent was not a Florida resident
- Decedent owned real property in Florida
- Primary probate opened in domicile state
File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Jefferson County Clerk Self-Help can help you understand forms and filing requirements at no cost.
Visit Self-Help CenterOther Topics That May Apply
Property & Real Estate
Homestead exemption, property transfer after death
Homestead Exemption
Homestead exemption provides up to $50,000 in property tax savings.
Application deadline: March 1 of the tax year
Ladybird Deed (Avoids Probate)
A life estate deed that reserves the right to sell, mortgage, or revoke during the grantor's lifetime. Property passes automatically to remainderman at death, avoiding probate.
Jefferson County Clerk of Court - Recording Division
WebsiteGuardianship
For minor children or incapacitated adults
Guardianship is a legal process where a court appoints someone to manage the affairs of an incapacitated person or minor.
See the full Florida guardianship and conservatorship guide for the court process, alternatives, and costs.
Types of Guardianship
⚠ Attorney required for guardianship proceedings
Guardian Training Required
8-hour course required by F.S. 744.3145
Contact the 2nd Judicial Circuit Clerk for current list of approved guardian training providers
Key Deadlines
Plan Ahead: Preneed Guardian
Allows a person to designate their preferred guardian before incapacity occurs.
Small Estate Options
Simplified procedures that can avoid full probate
Small estate procedure
Applies when the qualifying estate is under $75,000 (F.S. 735.201 (Summary Administration)).
Petition for Summary Administration. Available when estate value is under $150,000 (excluding homestead) OR 2+ years have passed since death.
Bank account release
Applies when the qualifying estate is under $1,000 (F.S. 735.303).
Earliest filing: 180 days after death.
For bank accounts in sole name without beneficiary designation, file affidavit with financial institution after 6-month waiting period.
Medicaid Estate Recovery
State may recover Medicaid costs from estate
Important Notice
If the deceased received Medicaid, the state may file a claim against the estate to recover benefits paid.
Medicaid benefits paid for nursing facility services, home and community-based services, and related hospital and prescription drug services for individuals age 55 or older
See the full Florida Medicaid estate recovery guide for what is recovered, who is exempt, and how to request a hardship waiver.
Protected Assets
- Homestead while surviving spouse, minor child, or disabled adult child resides there
- Property properly held in trust before Medicaid application
Hardship waiver available in cases of undue hardship.Learn more
Contact: (850) 412-4000 (Agency for Health Care Administration (AHCA))
Vehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
Shanna Boutwell
Tax Collector
- Phone:
- (850) 342-0223
- Address:
- 1 Courthouse Circle, Monticello, FL 32344
- Hours:
- Monday - Friday 8:00 AM - 5:00 PM
Florida Tax Collectors serve as agents for the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
When a Florida vehicle owner dies, the title must be transferred to the new owner. The process depends on whether the vehicle was titled jointly, has a surviving spouse, or must go through probate.
Transfer scenarios
Joint Ownership with Right of Survivorship ("OR" on title)
Documents needed:
- Original certificate of title signed by surviving owner
- Completed HSMV 82040 application
- Valid ID of surviving owner
- Payment of title fee
If the title reads "Owner A OR Owner B", the surviving owner can transfer the title by signing and submitting the required forms. No probate is required.
Joint Ownership ("AND" on title)
Documents needed:
- Original certificate of title
- Certified copy of death certificate
- Letters of Administration or Letters Testamentary
- Completed HSMV 82040 application
- Valid ID
- Payment of fees
If the title reads "Owner A AND Owner B", the estate must go through probate before the title can be transferred.
Sole Ownership (Probate Required)
Documents needed:
- Original certificate of title (if available)
- Certified copy of death certificate
- Letters of Administration or Letters Testamentary from probate court
- Order of Distribution from probate court (if applicable)
- Completed HSMV 82040 application
- Valid ID of personal representative or heir
- Payment of fees
Vehicles titled solely in the deceased's name typically require probate. The Personal Representative must obtain Letters of Administration or Letters Testamentary from the probate court.
Surviving Spouse (No Other Heirs)
Documents needed:
- Original certificate of title
- Certified copy of death certificate
- Certified copy of marriage certificate
- Affidavit stating no other heirs and describing vehicle
- Completed HSMV 82040 application
- Valid ID
- Payment of fees
If the deceased has a surviving spouse and no other heirs, the spouse may be able to transfer the title without probate by providing an affidavit.
Form HSMV 82152 is the surviving-spouse path; the general title application is HSMV 82040. Check with the Tax Collector for specific requirements as they may vary.
Forms
Fees
Fees current as of 2024. Additional county fees may apply.
Small-estate vehicle transfer
Florida allows disposition of personal property without administration when the only assets are exempt property plus nonexempt personal property whose value does not exceed the sum of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the decedent's last illness (F.S. 735.301). There is no fixed dollar threshold.
If the estate qualifies for Disposition Without Administration, the vehicle may be transferred without full probate.
Lost or duplicate title
If the original title is lost, destroyed, or stolen
Submit completed form with ID, VIN verification (if required), and fee to the Tax Collector office.
Fee: $75.25
If there is a lienholder on record, the duplicate title will be mailed to the lienholder.
Helpful resources
- FLHSMV - Transfer Title from Deceased Owner
Official DHSMV guide for transferring title from a deceased owner
- FLHSMV - All Title & Registration Forms
Complete list of motor vehicle forms
- FLHSMV Fee Schedule
Current fee schedule for motor vehicle services
- FLHSMV - Transfer Title from Deceased Owner
Official DHSMV guide for transferring title from a deceased owner
- FLHSMV - All Title & Registration Forms
Complete list of motor vehicle forms
- Jefferson County Tax Collector
Local Tax Collector office for motor vehicle services in Monticello
Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.
Vehicle title transfers in Jefferson County are handled by the Tax Collector's office at 1 Courthouse Circle, Monticello.
Sources for this page (6)
The facts above come from these official sources. Verify current details with the office before filing.
- jeffersonclerk.comhttps://www.jeffersonclerk.com/
- jeffersonclerk.comhttps://www.jeffersonclerk.com/court-information/probate/
- jeffersonclerk.comhttps://www.jeffersonclerk.com/departments/recording-official-records/filing-fees/
- 2ndcircuit.leoncountyfl.govhttps://2ndcircuit.leoncountyfl.gov/
- Florida Statutes Title XLII (Estates and Trusts)
- Florida Statutes 28.2401 - Service charges and filing fees in probate matters
You've seen what probate involves. Here's how to spare your own family.
A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.
See how to avoid probate in FloridaFrequently Asked Questions
How much does probate cost in Jefferson County?
How long does probate take in Jefferson County?
Do I need an attorney for probate in Jefferson County?
More Florida Resources
Explore the rest of the Florida probate hub.
Start here
Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages
Verified against Probate Division - 2nd Judicial Circuit on January 5, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.