Probate Attorney for Monticello, Florida

Probate in Jefferson County: Where It’s Filed

Monticello is in Jefferson County, which sits in Florida’s 2nd Judicial Circuit. Probate is filed with Cecil “Trey” Hightower III, the Jefferson County Clerk of the Circuit Court and Comptroller, in the county where the decedent was domiciled at death. Cases are handled at the Jefferson County Courthouse at 1 Courthouse Circle in Monticello, a 1909 building that now houses only the Clerk of the Circuit Court and the county and circuit judges, where the Clerk takes probate filings at extension 226. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Jefferson County estate handled without anyone traveling to the courthouse.

Jefferson County probate is heard by the circuit judge who also carries half of Leon County’s probate docket, and his written procedures set the default that a hearing of two hours or less is held on Zoom, with the meeting details supplied in the notice of hearing rather than from a standing link. We serve Monticello and Jefferson County residents, including Monticello, Lloyd, Wacissa, Aucilla, Lamont, Waukeenah, Capps.

Which Kind of Probate You’ll Need

Most Jefferson 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 Jefferson 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 Jefferson 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 Monticello and Jefferson 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 Jefferson County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. Jefferson probate is heard by a circuit judge who publishes eleven pages of written procedures, and they require the Second Circuit’s own Affidavit of Heirs in every case, all three circuit checklists, and the original authenticated copy of the death certificate filed with the Clerk. A petition to determine homestead status must also state the petitioner’s relation to the owner and whether the property sits inside or outside a municipality, because the constitutional cap is one-half acre inside a municipality and 160 acres outside. Proposed orders go to the judicial assistant by email in Word, because the Clerk will not accept or forward an order attached to a motion. No administrative order sets general probate practice in the Second Circuit. The operative local rules live in the circuit’s own approved checklists and in each probate judge’s written procedures, so read those rather than the order list.

• Administrative orders of the Second Judicial Circuit
• Second Judicial Circuit judges directory
• The clerk’s probate office for Jefferson 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.

Rather handle the filing yourself? Our Jefferson County Probate Court filing guide is the procedural version of this page, with the courthouse address, where the original will goes, which forms the county wants, the posted filing fee, and an eleven-step checklist for opening the estate.

Frequently Asked Questions

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 Cecil “Trey” Hightower III, the Jefferson County Clerk of the Circuit Court and Comptroller (2nd 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 Monticello and Jefferson County residents from Miami; this is not a Monticello office.