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Marion County Probate Court: Where to File and What to File

One circuit judge hears every probate case in Marion County, 2,175 of them in a year, and he takes a proposed order in Word format only.

For the person opening a Marion County estate, in Ocala, Belleview, or Dunnellon, who wants the judge’s standing order and the Word-only rule before the first filing goes in.

  • The courthouse, the counter, and where the original will goes
  • What Marion County requires that the rest of Florida does not
  • An eleven-step checklist for opening the estate, in order
Book a free 30-minute consult Or read on. This page is written to be used without us.

Quick Overview

A Marion County estate is opened by e-filing a petition for administration with the Marion County Clerk of Court and Comptroller, in the Fifth Judicial Circuit, at the Marion County Judicial Center at 110 N.W. First Avenue in Ocala. The formal administration filing fee runs $399 to $401, because the Clerk posts no probate fee schedule online. One circuit judge hears all 2,175 probate cases the county files in a year, he takes proposed orders in Word format only, and hearing time comes by email. The order of the steps is below.

Topics to Know HideShow

Below, we walk through the 12 issues that decide whether this is the right move for you. Jump to any one.

  1. Where the Marion County Probate Court Actually Sits The building, the division, and the counter, with the addresses read off the court’s own pages. Getting this wrong costs a day, or an original document.
  2. Which Judges Hear Probate Cases in Marion County? 1 judge sits in the division, each with an assignment date from the chief judge’s order. Whose procedures apply to your hearing turns on which one draws the case.
  3. How Busy the Marion County Probate Court Is 2,175 probate cases were opened here in FY 2024-25, on the state court system's own count. What that number means for how long your order waits is below.
  4. How a Case Gets Filed in Marion County Today Florida runs one statewide e-filing portal, and attorneys have no choice about using it. A self-represented filer has a second option most people never hear about.
  5. Are Marion County Probate Hearings Remote? Hearings run on Zoom. How you get on the calendar, and which matters still have to be in the room, are below.
  6. Where the Original Will Goes The custodian has 10 days from learning of the death to deposit the original with the clerk. It travels in paper, and this county has its own drop point.
  7. Which Forms You Actually Need Florida has no single official probate packet the way it has family law forms. What the court accepts comes from three places, and one of them is local.
  8. The Administrative Orders That Govern Probate in Marion County 4 administrative orders sit on top of the Florida Probate Rules here, and they are where petitions get bounced. Each is listed with what it requires.
  9. The Checklist for Opening an Estate in Marion County Eleven steps in the order they actually happen, from the death certificate to discharge, with the Marion County requirement threaded into the step it belongs to.
  10. What It Costs to File in Marion County The clerk posts $399 to $401 to open a formal administration here. The number that decides what the estate really spends is somewhere else entirely.
  11. When the Estate Does Not Need All of This Estates of $150,000 or less have a shorter path, and some estates need no probate at all. Which door is open turns on facts most families never check.
  12. Doing It Yourself, and Where Families Stop Florida lets you file your own case, and then a rule stops most people cold. Whether it stops you depends on one question about who else has an interest.

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

Where the Marion County Probate Court Actually Sits

Marion County probate is heard in the Fifth Judicial Circuit, at the Marion County Judicial Center at 110 N.W. First Avenue in Ocala. Filings go through the Marion County Clerk of Court and Comptroller, whose probate office answers at (352) 671-5604, with mail going to Post Office Box 1030, Ocala, FL 34478. The Clerk’s Annex on North Pine Avenue handles marriage licenses, passports, tax deeds and recorded land records rather than probate, so that building is not an option for this errand.

The whole probate docket belongs to one circuit judge, who also carries guardianship, incapacity, and Baker Act and Marchman Act review, from chambers in Suite 507 of the same building. A trust or estate dispute filed as a civil lawsuit is the exception, and that case is distributed a third each among three other circuit judges.

The probate counter is at the Clerk’s Probate Division at the Marion County Judicial Center, 110 N.W. First Avenue, Ocala, FL 34475, Monday to Friday, 8 a.m. to 5 p.m., (352) 671-5604. The Clerk publishes no room or floor for the probate counter, and mail goes to Post Office Box 1030, Ocala, FL 34478. Depositing a will costs nothing, and Marion asks for a death certificate to be filed with the original will along with the date of death or the testator’s Social Security number, then issues a Receipt for Deposit of Will carrying the file number, the filing date and the Clerk’s seal. A disposition of personal property without administration is filed in person at the Probate Division, with the fee due at filing plus a charge for one certified copy of the order for payment of funds, and the Clerk says the procedure cannot be used where real property is involved. The Clerk’s Annex on North Pine Avenue handles marriage licenses, passports, tax deeds and recorded land records rather than probate.

One thing worth settling before you go any further. The case belongs in the county where the person was domiciled when they died, and Florida law fixes that rather than letting anyone choose it. If your mother lived in Marion County, her estate is a Marion County case, even if you live in another state and even if a different courthouse would be more convenient for everyone involved. It is the county that decides, not the town, so estates from Ocala, Belleview, Dunnellon, Silver Springs, Marion Oaks, Ocklawaha, and Reddick are all Marion County cases filed with the same clerk. Which division or section then hears the case is a separate question, and the next section answers it.

Which Judges Hear Probate Cases in Marion County?

Probate cases in Marion County are heard by the judges the chief judge assigns to the division, and the circuit publishes who they are. Knowing who has the division tells you whose procedures apply to your hearing, and how long a judge has had it tells you how settled those procedures are.

The circuit’s judicial directory is the source, read on September 16, 2026. Assignments rotate, usually at the start of a calendar year, so check it before a hearing.

How Busy the Marion County Probate Court Is

The state court system counts every petition filed in the circuit probate division, and the FY 2024-25 figures for Marion County are 2,175 probate filings, 199 guardianship filings and 7 trust filings, plus 848 Baker Act and Marchman Act cases that the same division carries. The division closed 2,295 probate cases in the same year. Spread across one judge, that is about 2,175 new probate cases per judge a year, which is the number behind how long an uncontested order takes to get signed.

Marion County circuit probate division caseload, FY 2024-25, filings and dispositions by category
Case type Filed Closed
Probate2,1752,295
Guardianship199137
Trusts75
Baker Act and Marchman Act848846
Whole division3,2293,283

Statewide the probate column was 73,282 filings against 141,166 for the whole division in FY 2024-25, so more than a third of what a Florida probate judge signs has nothing to do with an estate. The figures come from the Office of the State Courts Administrator's Statistical Reference Guide, chapter 6, and the next fiscal year's edition usually appears the following autumn.

How a Case Gets Filed in Marion County Today

Florida runs one statewide electronic filing system, the Florida Courts E-Filing Portal, and every circuit court in the state receives filings through it. Attorneys have no choice about it. The rule says attorneys must file through the portal, and no other method is permitted except in the narrow situations the rule itself lists.

A self-represented person is in a different position, and this is the part almost nobody is told. You may elect to register for the portal and file electronically, or you may hand or mail paper to the clerk, who converts it to electronic format for the official court file. Both routes are proper and both land in the same queue. One caution rides along with the choice. Once you elect to file electronically, you cannot go back to paper without the court’s permission.

Registering costs nothing and filing itself costs nothing. What you pay is the statutory filing fee for the case, plus a payment convenience fee that depends on whether you pay by card or by electronic check.

The practical consequence is that a Marion County estate does not require anyone to be in Florida. An out-of-state family can open, run, and close a case from a kitchen table in another state, because the filings, the notices, and the proposed orders all move electronically. The exceptions are physical documents, and there are only a few of them.

Marion assigns by what the case is rather than by where the family lives. One circuit judge holds all probate, all guardianship including injunctions against the exploitation of a vulnerable adult, and all Baker Act and Marchman Act review, under an assignment order signed on April 30, 2026 whose distribution took effect on June 15, 2026. There is no second courthouse and no rotation to work out. The one split worth knowing is that a trust or estate case filed as a civil action is not in that courtroom, because those are distributed a third each among three other circuit judges.

Are Marion County Probate Hearings Remote?

Probate hearings in Marion County can be held remotely on Zoom, and the division decides which matters must be in person. A Zoom hearing is asked for in the same email that asks for hearing time, and the standing order says one is not guaranteed. The court decides case by case on the complexity of the issues and the amount of evidence, then emails back whether the hearing is in person or remote. Where it is remote the court sends the link, and the attorney who scheduled the hearing is the one who has to put that link in the notice of hearing. No standing room and no published meeting identifier exists for Marion probate, so parties join before the start time and may sit in a virtual waiting room until the case is called.

The division’s remote hearing instructions carry the current links and the dress and conduct rules, which judges enforce on camera exactly as they do in the room.

Where the Original Will Goes

Here is the rule that catches almost everyone, and it is stricter than families expect. Whoever is holding the original will has to deposit it with the clerk of the court that has venue over the estate, within 10 days of receiving information that the person has died. Read that trigger carefully. The clock does not start at the death, it starts when the custodian learns of the death, and the duty belongs to that custodian personally. It does not wait for a lawyer, it does not wait for the family to agree on anything, and it applies whether or not anybody intends to open a probate case. When the will goes in, the clerk also wants the date of death or the last four digits of the deceased person’s Social Security number.

The original itself travels on paper. Whatever a county does about an electronic copy, the physical document has to reach the clerk, and how it gets there is settled county by county rather than statewide. The custodian deposits the original with the Clerk within ten days of learning of the death, and Marion asks for one thing more than most counties. A death certificate is filed with the original will, alongside the date of death or the testator’s Social Security number, and depositing a will costs nothing. The depositor gets back a Receipt for Deposit of Will carrying the file number, the filing date and the Clerk’s seal. The Clerk publishes no room or floor for the probate counter at 110 N.W. First Avenue, so call (352) 671-5604 before you carry an original in.

Three things families routinely get wrong here are worth naming. Depositing the will is not probating it, so handing the original to the clerk does not open an estate, does not appoint anyone, and does not make you responsible for the debts. It is a filing, not a job. A copy is not a substitute either, because a court can admit a lost or destroyed will but proving one is a separate proceeding with a heavier burden, which is a poor trade for a document that could have been walked to a counter. And sitting on a will is a genuinely bad idea. A custodian can be compelled to produce it, and where the court finds there was no just or reasonable cause for holding it back, Florida awards costs, damages, and a reasonable attorney fee against that person personally.

Two small mercies. If the original goes in attached to the petition, Florida treats it as deposited, so it is not a second errand. And once the clerk has it, the original is kept in its original form for at least 20 years whether or not it is ever admitted to probate. Scanning a will does not replace it.

Which Forms You Actually Need

The honest answer surprises people, so here it is plainly. Florida has an official statewide form set for family law, approved by the Supreme Court and free for anyone to use. It has never built the same thing for probate. The state’s own self-help service says as much, telling visitors that it does not provide any forms related to the probate process and to ask a lawyer which form is needed.

So when you search for the Marion County probate forms, you are looking for something that does not exist as one official packet, which is why the results are a scatter of clerk pages, circuit pages, and companies selling you a template. What actually controls comes from three layers, and you need all three.

The Administrative Orders That Govern Probate in Marion County

Each circuit adds its own layer on top of the Florida Probate Rules through administrative orders signed by the chief judge and the procedures each division publishes, and that layer is where a petition gets rejected. These are the orders that govern probate practice in Marion County as of September 16, 2026.

The division also publishes its own procedures, last revised September 2025, and the points a filer most needs are these.

The full procedures are on the court’s site, and they change more often than the statutes do.

The Checklist for Opening an Estate in Marion County

This is the sequence for a formal administration, which is the full version. A smaller estate skips most of it, and the section after this one covers that. Each step below happens in this order for a reason, because the later ones depend on the earlier ones being done.

  1. Order certified death certificates. The funeral home usually orders them and will ask how many you want. Ask for more than feels sensible, often five to ten, because the court, each bank, each insurer, and the property records all want their own certified copy, and reordering later is slow.
  2. Find the original will and deposit it with the clerk. The 10-day clock runs from when the custodian learns of the death, not from when anyone files anything, and it is the one deadline that can already be running while the family is still planning a funeral. Where the original goes in Marion County is above, and it is never just a matter of uploading it.
  3. Decide which kind of administration the estate needs. Formal administration is the default. Summary administration and disposition without administration are lighter and cheaper, and they are worth ruling out before you file anything, because you cannot un-file a formal case cheaply.
  4. Confirm the county. Venue follows the decedent’s domicile at death, or for someone who lived out of state, a county where they owned property. This is one of the few things in probate that is genuinely hard to fix later.
  5. Prepare and e-file the petition for administration, with the local extras. The petition is verified, meaning signed under penalty of perjury, and it has to name every interested person, which is the line that most often comes back to bite an estate later. File it with whatever Marion County adds on top, because that is what a rejection is usually about. The filing fee is $399 to $401.
  6. File the oath, the address designation, and the designation of resident agent. All three are due before letters issue. The oath is a sworn promise to faithfully administer the estate, and the appointment rests on it. The address designation puts the representative’s street and mailing address on the record. The resident agent designation, signed by the agent accepting the job, is required unless the representative is a corporate fiduciary with a Florida office or a Florida Bar member who lives and keeps an office in Florida, which in practice means nearly every family representative files one and the attorney usually is the agent. These can be folded into the petition or the oath rather than filed separately.
  7. Get the order and the letters of administration. Once the petition is in and the will is admitted, the court appoints the representative, sets or waives bond, and confirms the oath and resident agent papers are on file. Letters of administration then issue, and the letters are the thing that carries weight in the outside world. Order roughly ten certified copies at once, because banks, brokerages, and title companies each keep one and many will not accept letters more than 60 to 90 days old.
  8. Get an estate tax identification number and open the estate account. This comes right after the letters and before anything else useful can happen, because no bank will open an account for the estate without both.
  9. Serve the notice of administration. Florida says promptly rather than naming a day count. It goes to the surviving spouse, the beneficiaries, anyone who may be entitled to exempt property, and the trustee and qualified beneficiaries of certain trusts. Service starts a 3-month clock for the person served to challenge the validity of the will, the venue, or the court’s jurisdiction, and after that those objections are barred. That deadline is close to unextendable, because Florida allows an extension only for estoppel based on a misstatement by the personal representative about the deadline itself, and expressly not for failure to disclose information or for other misconduct. The clock also runs only against people who were actually served, so leaving someone off the list does not save time, it leaves the case open. The same notice starts a 4-month window to claim exempt property and a 6-month window for a surviving spouse to elect against the estate.
  10. Publish the notice to creditors, serve the ones you know about, and document the search. The notice runs in a newspaper in the county once a week for two consecutive weeks. An unknown creditor then has 3 months from the first publication, and a creditor who had to be served gets the later of that or 30 days from service. The representative has to make a diligent search for reasonably ascertainable creditors, though Florida does not demand an impracticable one, and a verified statement about that search goes in within 4 months of the first publication, with proof of publication filed within 45 days. One item gets missed constantly. If the person who died was 55 or older, a copy of the notice and a death certificate go to Florida’s Agency for Health Care Administration within 3 months of the first publication. And a reasonably ascertainable creditor who was never served keeps a claim for up to two years from the death.
  11. File the inventory within 60 days of the letters, then close the estate. The inventory lists each asset at its date-of-death value and is served on the residuary beneficiaries and the surviving spouse. After the creditor period runs and the claims are resolved, the estate distributes and the representative files a final accounting and a petition for discharge. Florida puts a real deadline on that too, generally within 12 months after the letters issued for an estate that files no federal estate tax return. A straightforward case runs 6 to 12 months from letters to discharge, and the creditor window is what sets the floor.

Not sure which of these steps your situation actually needs?

A free 30-minute consult sorts it in one call. We tell you which kind of administration fits, what it will cost, and whether you need us at all.

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What It Costs to File in Marion County

These are the charges the clerk posts, not anyone’s legal fee.

Posted Marion County clerk filing charges for the four probate paths
What you are filing Posted charge
Formal administration$399 to $401
Summary administration, $1,000 or more$344 to $346
Summary administration, under $1,000$234 to $236
Disposition without administration$230 to $236

Posted August 2026. The Marion County Clerk does not post a probate fee schedule online, and the probate, civil and e-filing pages were all checked on September 16, 2026. The ranges above run from the statutory base plus the $4 statutory add-on to the highest total any Florida clerk posts, and neighbouring counties in the Fifth Circuit post $400, $345, $235 and $231. Confirm by phone before you file. Fee schedules move, so confirm the current charge with the clerk before you file. The reason the number looks the same everywhere is that it is the same number. Florida law sets the base charge for opening a formal administration and adds a small statutory service charge on top, so the entire statewide spread across the ten largest counties is one dollar. Our county-by-county filing fee study has all ten posted schedules.

And then there is the number that dwarfs every line above. Florida publishes an attorney fee schedule that is presumed reasonable and scales with the size of the estate, and it is a ceiling the estate may agree to rather than a mandate. On a $100,000 estate the schedule calls $3,000 reasonable. That, not the clerk’s $399 to $401, is what probate costs a family. You can run your own numbers in the Florida probate cost calculator.

When the Estate Does Not Need All of This

Before you open a formal administration, rule out the three lighter paths, in this order.

One warning about that last figure, because it will confuse you if you go looking. Florida publishes its statutes once a year, and the edition on the official statute site still shows the old $75,000 line. The increase to $150,000 is real, it came from a 2026 session law, and the probate rule on summary administration has already been amended to match. Check the rule rather than the posted statute until the new edition appears.

If none of the three fits, the estate needs a formal administration, and the checklist above is the map.

Doing It Yourself, and Where Families Stop

Florida does not require you to hire anyone to file a document. It does require something else, and this is where most families stop. Under the Florida Probate Rules, every personal representative has to be represented by an attorney admitted to practice in Florida unless the representative remains the sole interested person in the estate, or is a Florida-admitted lawyer appearing for himself or herself in that role. Those are the only exceptions. Read it as the practical test it is. One heir, nobody else with an interest, no creditors, and you may proceed alone. A second sibling, or a creditor, and the court expects counsel regardless of how well everyone is getting along.

The smaller paths are different. Disposition without administration is designed to be done without a lawyer, and clerks routinely help with it. Summary administration sits in between, simple on its face and easy to get wrong in ways that surface years later when someone tries to sell the house.

If you do want counsel for a Marion County estate, our probate attorney page for Ocala covers what we charge and how the remote process works. And if you would rather do it yourself, nothing on this page is holding anything back. Everything above is the actual sequence.

Frequently Asked Questions

Where Is the Marion County Probate Court Located?

Marion County probate is heard in the Fifth Judicial Circuit, at the Marion County Judicial Center at 110 N.W. First Avenue in Ocala. Filings go through the Marion County Clerk of Court and Comptroller, whose probate office answers at (352) 671-5604, with mail going to Post Office Box 1030, Ocala, FL 34478. The Clerk’s Annex on North Pine Avenue handles marriage licenses, passports, tax deeds and recorded land records rather than probate, so that building is not an option for this errand.

Can I File a Marion County Probate Case Myself?

You can file it. Whether you can run it is a different question. Florida requires attorneys to file through the statewide e-filing portal, and a self-represented person may elect to register for the portal too or may hand paper to the clerk, who converts it. But a Florida rule of probate procedure requires every personal representative to be represented by an attorney admitted to practice in Florida, unless the representative remains the sole interested person in the estate, or is a Florida-admitted lawyer appearing in that role. Those are the only exceptions. So if there is a second beneficiary, an heir, or a creditor, a formal administration is not a do-it-yourself case no matter how well everyone gets along. Disposition without administration, the smallest-estate path, is commonly done without a lawyer.

What Forms Do I Need to Open a Probate Case in Marion County?

There is no single official statewide probate packet, which is the honest answer nobody gives. Florida approves a statewide form set for family law and has never done the same for probate, and the state’s own self-help service says outright that it provides no probate forms. What controls instead is the Florida Probate Rules, which set out what each document has to contain rather than supplying a form, the practitioner set that a private nonprofit publishes and sells, and then the local layer. Marion takes every proposed probate order through the portal in Word format, with a certificate of compliance where a party has no lawyer. That local layer is the part that decides whether a filing is accepted, and none of it is in the statute.

How Much Does It Cost to File Probate in Marion County?

Gregory C. Harrell, the Marion County Clerk of Court and Comptroller posts $399 to $401 to open a formal administration, $344 to $346 for a summary administration of an estate worth $1,000 or more, $234 to $236 for a summary administration under $1,000, and $230 to $236 for a disposition without administration. Those are government charges paid to the clerk. On top of them come the newspaper notice to creditors, certified copies, and the attorney fee, which is larger than all of the rest put together.

Do I Have to File the Original Will if Nobody Is Opening Probate?

Yes. Depositing the original will with the clerk is a duty that falls on whoever is holding it, and it does not wait for anyone to decide whether to open an estate. Florida gives the custodian 10 days from receiving information that the person has died, and the will goes to the clerk of the court that has venue over the estate, which is normally the county where the person lived. Depositing a will is not the same as probating it, and it does not make you responsible for the estate. It is a filing, not a job. Holding on to a will, on the other hand, has a price. A custodian can be compelled to produce it, and where there was no just or reasonable cause for the delay the court awards costs, damages, and a reasonable attorney fee against that person.

How Long Before the Personal Representative Can Actually Do Anything?

Nothing meaningful happens until letters of administration issue, and in a routine uncontested case that is usually a few weeks from filing. Until the letters exist, a bank will not release an account, a title company will not close on a house, and the person named in the will has no more authority than anyone else in the family. That gap is why the early paperwork is worth doing carefully the first time. A filing rejected for a missing local checklist does not cost you a form, it costs you the weeks.

Which Judges Hear Probate Cases in Marion County?

Brad King sits in the probate division as of September 16, 2026, under the circuit’s assignment order. Assignments rotate, usually at the start of a calendar year, so confirm on the circuit’s judicial directory before a hearing.

How Many Probate Cases Does Marion County Handle a Year?

2,175 probate cases were filed in Marion County in FY 2024-25 and 2,295 were closed, on the state court system's count. The same division also took 199 guardianship cases and 848 Baker Act and Marchman Act cases.

Are Probate Hearings in Marion County Held Remotely?

They can be, on Zoom, and the division decides which matters must be in person. A Zoom hearing is asked for in the same email that asks for hearing time, and the standing order says one is not guaranteed. The court decides case by case on the complexity of the issues and the amount of evidence, then emails back whether the hearing is in person or remote. Where it is remote the court sends the link, and the attorney who scheduled the hearing is the one who has to put that link in the notice of hearing. No standing room and no published meeting identifier exists for Marion probate, so parties join before the start time and may sit in a virtual waiting room until the case is called.

Common Situations

The proposed order sent as a PDF. An Ocala daughter finished her mother’s formal administration and uploaded the proposed order of discharge as a PDF, the way every other document in the case had gone in. Marion accepts a proposed probate order in Word format only, and the circuit warns that failing to follow the rule delays processing. Nothing in the order was wrong. One file conversion was the difference between a signature in two business days and a wait for somebody to notice.

The trust lawsuit that drew a different judge. A family assumed that because one judge hears every Marion probate case, the lawsuit they filed against their brother over their mother’s trust would land in front of him too. A trust or estate case filed as a civil action is distributed among three other circuit judges instead, so the estate and the lawsuit sat in different courtrooms on different calendars. The estate was never the problem. Knowing which judge holds which piece is what lets you set a hearing.

Sources of Law

Statutes and rules retrieved August 19, 2026. Court, clerk, and filing-fee data retrieved on the dates noted. Local requirements change without much announcement, so confirm the current version at the links above before you file.


Updated on September 16, 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. This page is general information about Florida court procedure, not legal advice, and no attorney-client relationship is created by reading it. Court addresses, local checklists, and clerk charges change; confirm them at the official links before you file. We serve Ocala residents wherever you are, and this is not a Marion County office.

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