ProbateUS
Probate Court

Lafayette County

Florida

386-294-1600

Court Location & Contact

Address

120 W Main St, Mayo, FL 32066

Filing Fees

Lafayette County, Florida

Fee TypeAmount
Petition for Probate

Judges & Officers

JD
Judge Darren K. Jackson

Probate Guide

Probate in Lafayette County, Florida

The Lafayette County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Lafayette County, FL, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Florida, the probate court in each county oversees this process.

When Is Probate Required in Florida?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Florida's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Lafayette County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Lafayette County Probate Court to open probate

  3. Notify heirs and creditors as required by Florida law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Florida, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Florida does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Lafayette County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Lafayette County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Clerk of Court manages all probate filings for Lafayette County. Lafayette County operates under the 3rd Judicial Circuit. All petitions and proposed orders must be submitted electronically via the Florida Courts E-Filing Portal.

Office Hours

Monday-Friday8:00 AM – 5:00 PM

FAQ

Where do I file for probate in Lafayette County, FL?

Probate petitions for estates in Lafayette County are filed at the Lafayette County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Lafayette County?

Probate filing fees in Lafayette County, Florida vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Florida?

Probate in Florida typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Lafayette County?

While not always legally required in Florida, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Florida, their assets are distributed according to state intestacy laws. The Lafayette County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

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Aaron Michael Cohn

Weinberg Wheeler Hudgins Gunn & Dial, 3350 Virginia St

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Dentons US LLP

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Alfred (Al) Stashis

Dunwody White & Landon, P.A.

Naples

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Amy Beller

Beller Smith P.L.

Boca Raton

Andrew (Andy) Comiter

Comiter, Singer, Baseman & Braun, LLP

Palm Beach Gardens

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