Clay County probate help.

Clerk and filing

E-filing and records search

• Probate, mental health and guardianship proposed orders go straight to the judge's queue through the Florida Courts E-Filing Portal as a separate filing type (not as a motion), with a PDF cover letter and a Word proposed order (effective March 1, 2022). jud4.org
• Orders are signed electronically. Each order has one signature line for the judge and no other signature lines. jud4.org
• The circuit posts a Clay County proposed order template. jud4.org
• Attorneys can subscribe to CaseAccess through the E-Filing Portal to search case information from all 67 counties. clayclerk.com

Probate filing fees posted by the clerk

Source: Clay County Clerk of Court and Comptroller, Probate fee schedule, checked October 16, 2026. Each posted fee that has a § 28.2401 amount is $1 above that amount (plus the $4 petition charge where § 28.2401(3) applies), except the $7.00 exemplified certificate, which matches it. The fee page carries no date.

Judges and divisions

4th Judicial Circuit. Serves Clay, Duval and Nassau counties (§ 26.021(4), Fla. Stat.).

Courthouses that hear probate

• Judge William A. Wilkes Judicial Complex (Clay County Courthouse), 825 North Orange Avenue, Green Cove Springs, FL 32043; (904) 284-6302 jud4.org probate assignment

• Clay County hears probate in Division B before Judge James E. Kallaher; his clerk-site page lists the Summary Administration Checklist, the homestead petition checklist and the estate bond guidance under Probate. clayclerk.com
• The circuit's Clay judges page links Judge Kallaher's Division B procedures, ex parte dates, summary administration checklist, homestead checklist and bond guidance. jud4.org

Administrative orders

Orders of the 4th Judicial Circuit that apply to probate and guardianship cases in Clay County. Circuit order index.

• AO 2026-01, 2026 Judicial Assignments. Date: January 9, 2026 (effective January 1, 2026). Assigns Judge James Kallaher to Clay County Division B, the division whose published procedures cover civil, probate and guardianship.
• AO 2009-5, Clay County Examining Committee to Determine Incapacity. Date: July 2, 2009. Revises Clay County guardianship procedures and fees and updates the list of examining committee members.

Local requirements and forms

Filing and the clerk

• The clerk's probate page covers estate administration, and says beneficiaries or heirs most often need an attorney because the clerk's office cannot give legal or procedural advice. clayclerk.com
• Whether an estate must go through probate depends on the assets the decedent owned at death. If the decedent solely owned real property, the estate goes through probate to transfer title to heirs or beneficiaries. clayclerk.com
• The clerk's contact page lists (904) 278-3707 for Probate, Mental Health and Guardianship. Mail goes only to the main courthouse address, not to branch offices. clayclerk.com

Wills

• The original will of a deceased person is deposited with the clerk having venue within 10 days of death, and the depositor supplies the date of death or the Social Security number of the testator. The clerk also requires the death certificate to be filed with the original will. There is no charge to deposit a will. clayclerk.com
• The custodian must deposit within 10 days after learning of the death, and the clerk keeps the original for at least 20 years (§ 732.901). flsenate.gov

Disposition of personal property without administration

• The clerk calls this a small estate proceeding and refers filers to § 735.301 to check eligibility. It is not available if real property is part of the estate. clayclerk.com
• Required forms and documents: the original will if one exists, a death certificate, the funeral home statement showing who paid, proof of paid funeral expenses (cleared check, bank statement or card statement), signed and notarized consents from all heirs, and statements or records for the assets to be transferred. clayclerk.com
• The Probate Division may help complete the petition. The filing fee is due when the petition is filed, and a certified copy of the Order for Payment of Funds costs extra. clayclerk.com
• Section 735.301(1) limits nonexempt personal property to preferred funeral expenses plus reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. flsenate.gov

Hearings (Division B, Judge Kallaher)

• Procedures updated May 2026. Hearings are set by email to the judicial assistant, and the motion must already be on the clerk's docket with its docket number. jud4.org
• Prospective hearing dates are not held until a confirmation email arrives, and a notice of hearing is not filed until the hearing is confirmed. jud4.org
• Non-evidentiary hearings of 30 minutes or less can generally be in person or by Zoom. Longer non-evidentiary hearings and evidentiary hearings by Zoom need a written motion for leave. jud4.org
• Hearing notebooks, memoranda and copies of significant cited authority reach the court at least three business days before the hearing. jud4.org
• Ex parte hearings are listed for October 16, October 30, November 13, December 4 and December 18, 2026, from 9:30 a.m. to 10:00 a.m. in Hearing Room 4-077, in person only (Zoom is not permitted). The sheet was updated June 22, 2026 and asks readers to check the court website for changes. jud4.org
• The court decides whether an emergency motion states an actual emergency. jud4.org

Proposed orders

• All proposed orders in probate, mental health and guardianship cases go straight to the judge's queue through the E-Filing Portal, filed as a separate type and not as a motion, with a PDF cover letter and a Word proposed order. A courtesy copy of the motion is added behind the cover letter as one PDF. jud4.org
• If a will or other document was deposited separately with the clerk, the petition for administration states that and gives the deposit case number. jud4.org
• In guardianship cases, proposed orders approving an annual plan or accounting wait until the Report of Clerk is finalized and docketed. jud4.org

Bond

• The court may require a personal representative's bond even if the will waives it. The typical minimum is $18,000, the highest bond available for the minimum premium. jud4.org
• Bond schedule by gross estate value: $0 to $75,000, $18,000; $75,001 to $100,000, $25,000; $100,001 to $175,000, $35,000; $175,001 to $250,000, $50,000; $250,001 to $500,000, $75,000; above $500,000, a $100,000 minimum. jud4.org
• Counsel propose a bond amount from the schedule in the proposed order appointing the personal representative, and motions to waive bond are considered case by case. jud4.org

Checklists

• A summary administration checklist is completed and e-filed before the order of summary administration is submitted. It asks about the affidavit of heirs, whether the non-exempt estate is under $150,000, and whether the decedent died more than 2 years ago. jud4.org
• A homestead petition checklist is completed and e-filed with the petition. It requires a legal description (a street address is insufficient) and a proposed order signature page with at least four lines of text and the case number. jud4.org

Forms and checklists

• Division B procedures, Judge Kallaher (updated May 2026), Judge Kallaher, Fourth Judicial Circuit
• Ex parte hearing dates, Judge Kallaher (updated June 22, 2026), Judge Kallaher, Fourth Judicial Circuit
• Checklist for Summary Administration, Judge Kallaher, Fourth Judicial Circuit
• Checklist for Petition to Determine Homestead, Fourth Judicial Circuit
• Estate Bond Guidance Information, Judge Kallaher, Fourth Judicial Circuit
• Proposed orders eFiling instructions and Clay County template, Fourth Judicial Circuit
• Clay judges and procedures page, Fourth Judicial Circuit

Property and homestead

• Clay County Property Appraiser: a person with legal or beneficial title who in good faith makes the property a permanent residence on January 1 is eligible for homestead exemption, and an application is filed on or before March 1 of the tax year. ccpao.com
• Homestead applications are filed online from the appraiser's File My Homestead page, which lists what to have ready: a valid Florida driver's license or identification card registered to the property address and the Social Security number of each applicant and spouse. The exemptions phone line is (904) 284-6305 ext. 1. ccpao.com
• A homestead application not filed by March 1 can still be filed on or before the 25th day after the Notice of Proposed Taxes is mailed, which typically occurs in mid-August; the applicant must show the extenuating circumstances for filing late. ccpao.com

Death certificates

• Death certificates are available for deaths in Florida from 2009 to the present; earlier deaths go to the Bureau of Vital Statistics in Jacksonville or VitalChek. clay.floridahealth.gov
• A copy of a valid driver's license, passport, state-issued ID or military ID goes with every request, and cause of death is released to a family member or legal representative. clay.floridahealth.gov
• VitalChek is the only online vendor the Department of Health authorizes. The fee is $15 for a death certificate. clay.floridahealth.gov
• The Clay County health department's Fleming Island clinic is at 1845 Town Center Blvd., Building 400, phone 904-529-2800. clay.floridahealth.gov

Records and help

• The clerk's Search Records & Reports page lists the clerk's online record options. clayclerk.com

Sources

Last checked: October 16, 2026. Each source shows the text that supports the facts above.

1. Florida Statutes § 28.2401, probate service charges and filing fees (2026), checked October 16, 2026
   Supporting text

   • but not to include issuance of letters or order of summary administration .......... $230
   • Charge for caveat .......... $40
   • Fee for petition and order to admit foreign wills, authenticated copies, exemplified copies, or transcript to record .......... $230
   • Fee for disposition of personal property without administration .......... $230
   • Fee for summary administration - estates valued at $1,000 or more .......... $340
   • Fee for summary administration - estates valued at less than $1,000 .......... $230
   • Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings .......... $395
   • Fee for guardianship proceedings of person only .......... $230
   • Fee for veterans' guardianship pursuant to chapter 744 .......... $230
   • Charge for exemplified certificates .......... $7
   • Fee for petition for determination of incompetency .......... $230
   • An additional service charge of $4 on petitions seeking summary administration, formal administration, ancillary administration, guardianship, curatorship, and conservatorship shall be paid to the clerk.
2. Florida Statutes § 28.241, filing fees for trial and appellate proceedings (2026), checked October 16, 2026
   Supporting text

   • Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have elapsed since the filing of a final order or final judgment with the clerk.
3. Florida Statutes § 732.901, production of wills (2026), checked October 16, 2026
   Supporting text

   • The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.
   • the clerk shall retain and preserve the original will in its original form for at least 20 years
4. Florida Statutes § 735.201, summary administration (2026), checked October 16, 2026
   Supporting text

   • does not exceed $150,000 or that the decedent has been dead for more than 2 years
   • s. 7, ch. 2026-57
5. Florida Statutes § 735.301, disposition without administration (2026), checked October 16, 2026
   Supporting text

   • nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness
6. Florida Statutes § 731.110, caveat (2026), checked October 16, 2026
   Supporting text

   • Any interested person who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without that person's knowledge may file a caveat with the court.
7. Florida Statutes § 26.021, judicial circuits (2026), checked October 16, 2026
   Supporting text

   • The fourth circuit is composed of Clay, Duval, and Nassau Counties.
8. Fourth Judicial Circuit, home page, checked October 16, 2026
   Supporting text

   • Serving Clay, Duval & Nassau Counties
9. Fourth Judicial Circuit, Administrative Orders, checked October 16, 2026
   Supporting text

   • You may search the full text of the administrative orders by using the 'Keyword' search field.
10. Clay County Clerk of Court and Comptroller, Probate page, checked October 16, 2026
    Supporting text

    • Whether or not an estate is required to go through probate depends on the assets that the decedent owned at the time of his or her death.
    • If a decedent solely owned any real property at the time of death, the estate would be required to go through probate to transfer title of that real property to the decedent's heirs or beneficiaries.
    • Most often, the beneficiaries or heirs need to seek the assistance of an attorney
    • This process is sometimes referred to as a Small Estate Proceeding.
    • Please refer to Florida Statute 735.301 to determine if you are eligible for this type of process.
    • If real property is part of the estate, this process is not an available option.
    • Original Last Will and Testament of the decedent, if one exists
    • Death Certificate
    • Copy of the statement from the funeral home showing by whom the bill was paid
    • Proof of paid funeral expenses, i.e., copy of cleared check, bank statement, or credit card statement)
    • Signed and notarized consents from all heirs, if any
    • Copy of any bank statement, stock certificates, insurance checks, policy value information forms, or any related information regarding the assets to be transferred with this procedure.
    • The filing fee is due at the time the Petition is filed.
    • Additional charges will apply for a certified copy of the Order for Payment of Funds, which is generally required by the financial institution holding the assets.
    • the original Last Will and Testament of a deceased person must be deposited with the Clerk of the Circuit Court, having venue of the estate of the decedent, within 10 days of the decedent's death.
    • The statute also states that the custodian of the will must supply the Clerk with the date of death or the social security number of the testator (deceased) upon deposit.
    • also require the death certificate to be filed with the original will.
    • There is no charge or filing fee to deposit a will with
11. Clay County Clerk of Court and Comptroller, Probate Fees, checked October 16, 2026
    Supporting text

    • Probate Fees
    • Notice of Trust $41.00
    • Caveat $41.00
    • Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcript of record $231.00
    • For disposition of personal property without administration $231.00
    • Summary administration less than $1000 $235.00
    • Summary administration $1,000 or more $345.00
    • Formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings $400.00
    • Guardianship proceeding of person only $235.00
    • Veterans Administration Guardianship $235.00
    • Petition for determination of incapacity $231.00
    • Exemplified certificate $7.00
    • Petitions/Motions that reopen previously closed cases - F.S. 28.241(1)(b) $50.00
    • Note: This procedure is not for issuance of letters or orders of summary or family administration $231.00
    • Office of Tara S. Green Clerk of Court and Comptroller Judge William A. Wilkes Judicial Complex (Clay County Courthouse) Address: 825 North Orange Avenue / P.O. Box 698 Green Cove Springs, Florida 32043
    • Courthouse Hours: Monday to Friday, 8:00 AM to 5:00 PM
12. Clay County Clerk of Court and Comptroller, Contact Us, checked October 16, 2026
    Supporting text

    • Contact the Clay County Clerk of Court and Comptroller
    • Phone: (904) 284-6302 OR (904) 269-6302
    • Hours: Monday through Friday, 8:00 am - 5:00 pm
    • Probate/Mental Health/Guardianship (904) 278-3707
    • Judge William A. Wilkes Judicial Complex (Clay County Courthouse) 825 North Orange Avenue / P.O. Box 698 Green Cove Springs, Florida 32043
    • Please do not mail anything to branch office locations, only to the main Clay County Courthouse address listed above.
13. Clay County Clerk of Court and Comptroller, Search Records & Reports, checked October 16, 2026
    Supporting text

    • Search Records & Reports
    • Available through the E-Filing Portal, legal professionals can search case information from all 67 Florida counties on one platform.
14. Florida Courts E-Filing Portal, checked October 16, 2026
    Supporting text

    • the Florida Courts E-Filing Portal serves as a single, statewide access point connecting thousands of users to Florida's court system.
15. Clay County Clerk, Circuit Judge James E. Kallaher, Division B, checked October 16, 2026
    Supporting text

    • Circuit Judge James E. Kallaher, Division B
    • Probate Summary Administration Checklist Checklist for Petition to Determine Homestead Estate Bond Guidance Information Guardianship
16. Fourth Judicial Circuit, Clay Judges and procedures, checked October 16, 2026
    Supporting text

    • Judge James E. Kallaher 2026 Civil Jury Trial Calendar 2027 Civil Jury Trial Calendar Ex-Parte Hearing Dates Checklist for Petition to Determine Homestead
    • Division-B Procedures
    • Summary Administration Checklist
    • Estate Bond Guidance Information
17. Fourth Judicial Circuit, Administrative Order 2026-01, 2026 Judicial Assignments, checked October 16, 2026
    Supporting text

    • ADMINISTRATIVE ORDER NO. 2026-01
    • 2026 JUDICIAL ASSIGNMENTS
    • CLAY COUNTY
    • B James Kallaher

    Note: Scanned order with no text layer. The schedule was read from the page image on 2026-10-16.

18. Fourth Judicial Circuit, Administrative Order 2009-5, Clay County Examining Committee, checked October 16, 2026
    Supporting text

    • IN AND FOR CLAY COUNTY, FLORIDA
    • IN RE: EXAMINING COMMITTEE TO DETERMINE INCAPACITY
    • need to be revised regarding certain procedures and fees applicable to Guardianship cases
19. Fourth Judicial Circuit, Division B policies and procedures (Judge Kallaher, updated May 2026), checked October 16, 2026
    Supporting text

    • Honorable James E. Kallaher Fourth Judicial Circuit Court of the State of Florida Judge William A. Wilkes Judicial Complex (Clay County Courthouse) 825 North Orange Avenue Green Cove Springs, FL 32043 Hearing Room 4-077
    • Melissa Brewer, Judicial Assistant Email: [email protected] (904) 284-6302
    • (civil, probate and guardianship) (Updated May 2026)
    • All scheduling is conducted by email ([email protected]). Motions must appear on Clerk's docket prior to requesting hearing time. Clerk's docket number required.
    • Prospective dates are provided for counsel to coordinate and are not held or
    • until a confirmation email is received. Please do not file a notice of hearing until hearing confirmation is provided.
    • counsel shall typically be permitted to appear in-person or via Zoom
    • counsel must seek leave of Court by filing a written Motion
    • must be provided to the Court at least three (3) business days before the hearing
    • Effective 3-1-22, all proposed orders for Probate, Mental Health and Guardianship cases must be submitted directly to the Judge's queue through the Florida E-Filing Portal (filed different than a motion).
    • Filer must submit both a cover letter in PDF format and a proposed order in Word format.
    • In Probate cases, if a will or other document has been deposited separately with the Clerk of Court, the Petition for Administration must include language indicating that the documents have been deposited and provide the case number assigned to the deposit.
    • Orders are electronically signed and should be submitted to the Court in Word format.
    • Orders should contain one signature line for Judge's electronic signature (no other signature lines).
    • The Court will decide whether the reasons set forth in the motion for emergency hearing and/or the allegations contained in the motion constitute an actual emergency.
20. Fourth Judicial Circuit, Judge Kallaher ex parte hearing dates (updated June 22, 2026), checked October 16, 2026
    Supporting text

    • JUDGE JAMES E. KALLAHER DIVISION B
    • 2026 EX-PARTE DATES
    • October 16th and October 30th
    • November 13th
    • December 4th and December 18th
    • Hearing Room 4-077
    • In Person Only (Zoom is not permitted)
    • Updated 6/22/2026
    • *Please visit the Court Website frequently to confirm that changes have not been made to Ex-Parte days.
21. Fourth Judicial Circuit, Summary Administration checklist (Judge Kallaher), checked October 16, 2026
    Supporting text

    • JUDGE JAMES E. KALLAHER PROBATE DIVISION CHECKLIST FOR SUMMARY ADMINISTRATION
    • This checklist shall be completed and e-filed prior to submission of the Order for Summary Administration.
    • Affidavit of Heirs filed? Yes ___ No ___
    • Non-Exempt Estate Value: < $150,000 ____
    • Did Decedent die more than 2 years ago?
22. Fourth Judicial Circuit, Checklist for Petition to Determine Homestead (Clay), checked October 16, 2026
    Supporting text

    • IN AND FOR CLAY COUNTY, FLORIDA PROBATE DIVISION CHECKLIST FOR PETITION TO DETERMINE HOMESTEAD
    • This checklist shall be completed and e-filed with your Petition.
    • The Petition contains a legal description of the property (a street address is insufficient).
    • The publication period for the notice to creditors has expired and proof of notice to AHCA has been
    • The signature page of the proposed order contains at least four (4) lines of text and has the case number on it.
23. Fourth Judicial Circuit, Estate Bond Guidance Information (Judge Kallaher), checked October 16, 2026
    Supporting text

    • Estate Bond Guidance Information
    • The Court has discretion to require such bond even if the testator specifically waived that requirement in the Will.
    • Typically, the minimum bond is set at $18,000 as that is the highest bond available for the minimum bond premium.
    • $0 - $75,000* $18,000
    • $75,001 - $100,000 $25,000
    • $100,001 - $175,000 $35,000
    • $250,000 $50,000
    • $250,001 - $500,000 $75,000
    • above $100,000 minimum
    • The Court requests that counsel propose a bond amount per the schedule and include it in the proposed Order appointing Personal Representative.
    • The Court will consider Motions to Waive Bond on a case-by-case basis.
24. Fourth Judicial Circuit, Proposed Orders eFiling, checked October 16, 2026
    Supporting text

    • Proposed Order Template for Clay County: Proposed Order Template
    • Failure to follow these procedures will result in your submission being returned without docketing.
25. Florida Department of Health in Clay County, Death Certificates, checked October 16, 2026
    Supporting text

    • Death certificates are available for deaths occurring in the state of Florida from 2009 to present.
    • Any death prior to 2009 must be requested from the Florida Department of Health's Bureau of Vital Statistics in Jacksonville
    • All requests must include a legible copy of a valid driver's license, passport, state-issued ID, or military identification card.
    • You must be a family member or legal representative when requesting cause of death.
    • clinic in Fleming Island
    • open Monday through Friday from 8 a.m. to 5 p.m.
    • Death certificate - $15
    • the only vendor authorized by the Florida Department of Health
    • 904-529-2800
26. Florida Department of Health in Clay County, Fleming Island location, checked October 16, 2026
    Supporting text

    • 1845 Town Center Blvd., Building 400, Fleming Island, FL 32003 Phone: 904-529-2800
27. Clay County Property Appraiser, Exemptions Information, checked October 16, 2026
    Supporting text

    • The statutory deadline for filing a timely exemption application is March 1.
    • Applicants who fail to apply timely may still file an application on or before the 25th day following the mailing of the Notice of Proposed Taxes, which typically occurs in mid-August.
    • Late applicants must provide sufficient evidence or documentation to demonstrate extenuating circumstances as to why the application was not filed in a timely manner.

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28. Clay County Property Appraiser, File My Homestead, checked October 16, 2026
    Supporting text

    • A person who, on January 1, has legal title or beneficial title in equity to real property in the State of Florida and who in good faith makes the property his or her permanent residence is eligible for homestead exemption. An application must be filed on or before March 1 of the application tax year.
    • Click here to apply online for homestead and other related property tax exemptions.
    • You will need your valid Florida driver's license or identification card registered to the homestead property address; and the social security number of any applicant and the applicant's spouse will be required.
    • please call (904) 284-6305 ext. 1

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29. Clay County Property Appraiser, Contact Us, checked October 16, 2026
    Supporting text

    • 477 Houston Street, P.O. Box 38
    • Green Cove Springs, Florida 32043
    • (904) 284-6305

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