Volusia County probate help.

Clerk and filing

E-filing and records search

• Division 10 proposed orders go to the court by e-mail as Word attachments; the standing order says proposed orders are not filed through the e-portal for Division 10, Volusia County. circuit7.org
• Case searches on the clerk's site cover Probate cases. Many public document images show on the docket tab; some documents need clerk review before release, and applications for wider online viewing require a notarized signature. clerk.org
• The clerk's online Case Management System is the case search for Volusia County. ccms.clerk.org

Probate filing fees posted by the clerk

Source: Volusia County Clerk of the Circuit Court 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.

Judges and divisions

7th Judicial Circuit. Serves Flagler, Putnam, St. Johns and Volusia counties.

Courthouses that hear probate

• Volusia County Courthouse, 101 N. Alabama Ave., DeLand, FL 32724; 8 a.m. to 5 p.m., Monday through Friday, excluding holidays (most court facilities in the circuit) circuit7.org probate assignment

• Judge Gaustad hears probate and guardianship cases at the Volusia County Courthouse in DeLand and, for Flagler County Division 48, at the Kim C. Hammond Justice Center in Bunnell. circuit7.org
• The circuit says most court facilities are open 8 a.m. to 5 p.m., Monday through Friday, excluding holidays; individual clerk offices may vary. circuit7.org
• The circuit uses Zoom for some proceedings and publishes a tutorial. circuit7.org

Administrative orders

Orders of the 7th Judicial Circuit that apply to probate and guardianship cases in Volusia County. Circuit order index.

• G-2026-040-VL (A), Assignment of Cases in the Circuit Court (Volusia County). Date: January 23, 2026. Assigns all probate, guardianship, incapacity and trust cases filed in Volusia County to Division 10.
• G-2026-025-SC (A), Circuit Division Assignments. Date: January 7, 2026 (effective January 20, 2026). Names Judge Linda L. Gaustad to Division 10.
• PB-2022-014-V, Probate Files. Date: September 30, 2022. Directs the Volusia clerk to review estate files against the case time standards and send the assigned judge an Order to File Documents, then an Order to Show Cause if the personal representative or attorney does not comply.
• PB-2022-019-SC, Motions to Compel Discovery in Probate Actions. Date: September 30, 2022. Requires written notice of the discovery deficiency with 10 days to cure before a motion to compel discovery in a probate or guardianship action is filed.
• PB-2022-018-SC, Guardianship Examining Committees. Date: September 30, 2022. Lists the people qualified to serve on guardianship examining committees in the circuit.
• PB-2019-006-SC, Guardianship Education Requirements. Date: February 25, 2019. Approves the guardian education course providers for the circuit; professional guardians are outside the order.
• PB-2017-010-SC, Guardian Advocate Training, Baker Act and Marchman Act. Date: Printed as October 4, 2000 (numbered 2017). Approves the Department of Children and Families online guardian advocate training for use in the circuit.
• PB-2009-022-SC, Adversary Case Style on Probate Pleadings. Date: May 22, 2009. Directs the clerk to return unfiled any adversary pleading that lacks the Rule 5.025(d) adversary case style.
• PB-2000-001-SC, Codification of Administrative Orders in the Probate/Guardianship/Mental Health Division. Date: October 4, 2000. Sets the PB numbering for probate administrative orders and rescinds earlier probate orders.

Local requirements and forms

Filing and venue

• The clerk's Probate and Guardianship division keeps the records for caveats, formal, summary and disposition estates, guardianships, wills and trusts. clerk.org
• The clerk's disposition-of-personal-property instruction sheet says the decedent must be a Volusia County resident and the estate cannot include real estate. clerk.org
• Probate cases and probate injunctions against exploitation of vulnerable adults are assigned to Division 10 for Volusia County. circuit7.org
• Pleadings declared adversary by Rule 5.025 that lack the adversary case style are returned unfiled by the clerk. circuit7.org

Wills

• The custodian of a will must deposit it with the clerk within 10 days after learning of the death and supplies the date of death or the last four digits of the testator's Social Security number. clerk.org
• Section 732.901 requires deposit within 10 days after the custodian receives information that the testator is dead, and the clerk keeps the original at least 20 years. flsenate.gov
• The clerk's will-on-deposit information sheet states that the decedent must be a Volusia County resident; depositing a will carries no charge. clerk.org

Summary administration

• The clerk page prints $75,000 as the summary administration limit; § 735.201(2) reads $150,000 (chapter 2026-57, effective July 1, 2026). flsenate.gov

Disposition without administration

• The clerk's instruction sheet says the proceeding pays funeral expenses up to $6,000 and medical bills from the last 60 days, or distributes exempt personal property to a spouse or children; a will is not admitted in it. clerk.org
• Documents the clerk lists: certified death certificate, funeral bill, proof of payment, and proof the asset is in the decedent's name alone. clerk.org
• The clerk's oath fee is $3.50 and a valid ID is required when a deputy clerk takes the oath; no oath fee applies when a notary notarizes the affidavit. clerk.org

Hearings, Division 10

• Hearings are scheduled by e-mail to the division's judicial assistant. The e-mail gives the case number, the motions and docket numbers, and the time requested, and is coordinated with all counsel. circuit7.org
• Hearings of one hour or longer, and evidentiary hearings, are in person unless the court orders otherwise. Non-evidentiary hearings under one hour may use Zoom audio-video technology. circuit7.org
• A courtesy copy of the notice of hearing goes to the judicial assistant's e-mail address, and the notice identifies the platform (Zoom, hearing room or courtroom). circuit7.org
• No hearing is set on a motion that has not been filed; such hearings are stricken. circuit7.org
• Legal memoranda or case law for a hearing are due, with the chambers copy, no later than three business days before the hearing. circuit7.org
• A canceled hearing needs a filed Notice of Cancellation; only the party that scheduled a hearing may cancel it. circuit7.org
• Emergency hearings are requested in writing with the reasons stated in the first paragraph. circuit7.org

Proposed orders, Division 10

• Proposed orders go by e-mail to [email protected] as Word attachments, with the case style and case number in the subject line; they are not filed through the e-portal. circuit7.org
• Orders on consented matters that need no hearing may be forwarded to the judge. circuit7.org

Discovery

• A motion to compel discovery in a probate or guardianship action requires prior written notice of the deficiency with 10 days to cure. circuit7.org

Case time standards

• The clerk reviews estate files against the case time standards and sends the judge an Order to File Documents, then an Order to Show Cause. circuit7.org

Division 10 worksheets

• The judge's page lists Word worksheets for formal estates, summary administration and homestead, among others, to be used as a guide. circuit7.org

Forms and checklists

• Division 10 standing order for probate and guardianship cases, Seventh Judicial Circuit
• Division 10 judge's page with probate worksheets (13), Seventh Judicial Circuit
• Instruction sheet for disposition of personal property without administration (CL-0229), Volusia County Clerk
• Disposition of personal property without administration, verified statement (CL-0231), Volusia County Clerk
• Information - Will on deposit (CL-0151), Volusia County Clerk
• Statement of claim, Volusia County Clerk
• Affidavit of heirs sample form, Seventh Judicial Circuit
• Clerk forms page, Probate section, Volusia County Clerk

Property and homestead

• The homestead exemption requires owning and occupying the home as a permanent residence before January 1; applications are due by March 1. vcpa.vcgov.org
• If title is held in a trust, the appraiser requires a copy of the entire trust agreement with the homestead application. vcpa.vcgov.org
• A homestead exemption does not transfer automatically to a new home; a new application is required. vcpa.vcgov.org
• The $5,000 widow or widower exemption needs a copy of the death certificate with the application, is due by March 1, and ends on remarriage. vcpa.vcgov.org
• The appraiser's offices are open Monday to Friday, 7:30 a.m. to 5:00 p.m. vcpa.vcgov.org

Death certificates

• Death certificates are available for deaths in Florida from 2009 to the present; earlier deaths go through the Bureau of Vital Statistics in Jacksonville or VitalChek. A copy of valid photo ID must accompany the request, and cause of death requires being a family member or legal representative. volusia.floridahealth.gov
• The Daytona Beach vital statistics counter is open Monday to Friday, 8 a.m. to 4:45 p.m. volusia.floridahealth.gov

Records and help

• The clerk's office hours are Monday to Friday, 8:00 a.m. to 4:00 p.m. clerk.org
• A Probate Preliminary Monthly Report listing estates filed the prior month is generated on the 7th of each month and needs subscriber access. clerk.org
• The Florida Bar Lawyer Referral Service: 800-342-8011, Monday to Friday, 8:00 a.m. to 5:30 p.m. floridabar.org

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

   • Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings .......... $395
   • Fee for summary administration - estates valued at $1,000 or more .......... $340
   • Fee for summary administration - estates valued at less than $1,000 .......... $230
   • Charge for caveat .......... $40
   • Fee for disposition of personal property without administration .......... $230
   • Fee for guardianship proceedings of person only .......... $230
   • Charge for exemplified certificates .......... $7
   • 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. Chapter 2026-57, Laws of Florida, checked October 16, 2026
   Supporting text

   • Section 7. Subsection (2) of section 735.201, Florida Statutes, is amended
   • Section 14. This act shall take effect July 1, 2026.
6. 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.
7. The Florida Bar, Lawyer Referral Service, checked October 16, 2026
   Supporting text

   • Call 800-342-8011, Monday-Friday, 8:00 a.m.-5:30 p.m.
8. Seventh Judicial Circuit, home page, checked October 16, 2026
   Supporting text

   • Serving Flagler, Putnam, St. Johns, and Volusia Counties
9. Florida Courts, Trial Courts - Circuit, checked October 16, 2026
   Supporting text

   • Seventh Circuit - Flagler, Putnam, St. Johns, and Volusia
10. Seventh Judicial Circuit, Administrative Orders, checked October 16, 2026
    Supporting text

    • Probate/Guardianship
11. Volusia County Clerk, Probate and Guardianship, checked October 16, 2026
    Supporting text

    • Files and maintains records relating to Probate and Guardianship matters.
    • The Probate & Guardianship division is responsible for maintaining records regarding Caveats, Estates (Formal, Summary & Disposition of Personal Property), Guardianship, Wills and Trusts.
    • Volusia County Courthouse - DeLand (386) 736-5914
    • Summary Administration may be administered when the value of the entire estate subject to administration does not exceed $75,000.
    • Within 10 days after receiving information of the testator's death, the custodian of a Will must deposit the Will with the clerk of court having venue of the estate
    • Upon deposit the custodian must supply the decedent's date of death or last four digits of the testator's social security number.
    • The criteria for this type of filing are strict
    • Filing a Caveat will ensure that when an estate is filed the Clerk's office will issue a Notice to Caveater of the estate proceedings.

    Note: the $75,000 limit printed on this page was replaced by $150,000 in § 735.201(2) (chapter 2026-57).

12. Volusia County Clerk, Contact Information, checked October 16, 2026
    Supporting text

    • Address 101 North Alabama Avenue DeLand, FL 32724
    • Mailing Address Clerk of Court P.O. Box 6043 DeLand, FL 32721-6043
    • Probate 2nd Floor, Room A222 (386) 736-5914
    • Steven C. Henderson Judicial Center
    • 125 East Orange Avenue Daytona Beach, FL 32114
    • Probate 1st Floor, Room 100 (386) 257-6000 x15914
13. Volusia County Clerk, home page, checked October 16, 2026
    Supporting text

    • Hours of Operation: Monday - Friday 08:00 A.M. to 04:00 P.M.
14. Volusia County Clerk, Fees and Fines, checked October 16, 2026
    Supporting text

    • Summary Administration ($1,000.00 or less) 235.00
    • Summary Administration (greater than $1,000.00) 345.00
    • Formal Administration 400.00
    • Caveat/Trust Notice 41.00
    • Deposit Last Will and Testament of decedent (no probate) N/C
    • for the determination of heirs, but not to include issuance of letters or order of summary 231.00
    • Guardianship, person only 235.00
    • Personal Property, disposition w/o administration 231.00
    • Petition/Order to admit foreign wills, authenticated copies, exemplified copies, or transcript to record 231.00
    • Reopen of Case 50.00
    • Exemplified certificates 7.00
    • Certification of copy 2.00
    • Records search, per year 2.00
15. Volusia County Clerk, Search Records, checked October 16, 2026
    Supporting text

    • Case searches are available for Circuit Civil, County Civil, Family Law, Probate, and Criminal case records.
    • These applications require a notarized signature and other information pursuant to the Supreme Court Order.
    • The Probate Preliminary Monthly Report is generated on the 7th of every month and contains a listing of Estates filed during the prior month which are reported to the State of Florida Department of Revenue.
16. Volusia County Clerk, Case Management System, checked October 16, 2026
    Supporting text

    • The Clerk of Circuit Court is pleased to offer Internet access to the Case Management System of Volusia County.
17. Volusia County Clerk, Forms, checked October 16, 2026
    Supporting text

    • Instructions for Disposition of Personal Property Disposition Affidavit Statement of Claim Will on Deposit Information Sheet Designation of Email Address for a Party not Represented by Attorney
18. Volusia County Clerk, Instruction Sheet for Disposition of Personal Property, checked October 16, 2026
    Supporting text

    • Instruction Sheet for Disposition of Personal Property Without Administration
    • Decedent must be a resident of Volusia County.
    • Decedent's estate cannot include real estate.
    • to pay funeral expenses up to $6,000 and reasonable medical bills paid within the last 60 days of the decedent's last illness.
    • This action is also used to distribute the exempt personal property to the spouse or children under
    • Certified copy of the death certificate.
    • A valid ID is required and there is a $3.50 oath fee for the clerk to administer this oath.
    • The Last Will and Testament is not admitted to probate in a Disposition.
19. Volusia County Clerk, Disposition Affidavit, checked October 16, 2026
    Supporting text

    • DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION
20. Volusia County Clerk, Will on Deposit Information Sheet, checked October 16, 2026
    Supporting text

    • INFORMATION - WILL ON DEPOSIT
    • DECEDENT MUST BE A VOLUSIA COUNTY RESIDENT.
21. Volusia County Clerk, Statement of Claim, checked October 16, 2026
    Supporting text

    • STATEMENT OF CLAIM
22. Seventh Judicial Circuit, Affidavit of Heirs sample form, checked October 16, 2026
    Supporting text

    • AFFIDAVIT OF HEIRS
    • you must list ALL RELATIVES of the decedent
23. Seventh Judicial Circuit, Volusia County, checked October 16, 2026
    Supporting text

    • Volusia County Courthouse 101 N. Alabama Ave. DeLand, FL 32724
    • Judge Linda L. Gaustad Judicial Assistant: Cindy Sutton Phone Number: (386) 736-5945 Location: DeLand
24. Seventh Judicial Circuit, Courthouse Hours and Holidays, checked October 16, 2026
    Supporting text

    • Most court facilities in the Seventh Judicial Circuit are open to the public between 8 a.m. and 5 p.m., Monday through Friday (excluding holidays). Operating hours for individual Clerk of Court offices may vary.
25. Seventh Judicial Circuit, Judge Linda L. Gaustad, checked October 16, 2026
    Supporting text

    • Divisions 10, and 48 - Probate - Guardianship
    • She currently hears probate and guardianship cases at the Volusia County Courthouse in DeLand and at the Kim C. Hammond Justice Center in Bunnell.
    • To schedule a hearing e-mail: [email protected]
    • SEND ALL PROPOSED ORDERS TO: [email protected]
    • Worksheet Formal Estate
    • Worksheet Homestead
    • Worksheet Summary Administration
26. Seventh Judicial Circuit, Standing Order for Division 10 (Volusia County), checked October 16, 2026
    Supporting text

    • STANDING ORDER FOR PROBATE/ GUARDIANSHIP CASES IN DIVISION 10
    • All hearings for Division 10 need to be scheduled through the judicial assistant by email at [email protected].
    • All hearings scheduled for one hour or longer or that are evidentiary must be attended in person, unless ordered otherwise.
    • Non-Evidentiary hearings scheduled for less than one hour may be attended using audio-video communication technology
    • A courtesy copy of the notice of hearing should be e-mailed to [email protected].
    • No hearing shall be scheduled for motions that have not yet been filed.
    • no later than three (3) business days before the hearing
    • Only the party that scheduled a hearing may cancel said hearing.
    • Emergency hearings must be requested in writing, setting forth in the introductory or first paragraph the reasons why the matter is considered an "emergency."
    • All notices of hearings must identify the platform, including all information, for the hearing that will take place.
    • If a hearing is cancelled, a Notice of Cancellation must be filed
    • Hearings scheduled on untiled motions will be stricken.
    • The subject line of the email must state "Proposed Order," and include the case style and case number.
    • amount of time being requested.
    • All hearings must be coordinated with all counsel.
    • All proposed orders must be sent into the Court electronically by email at [email protected].
    • The proposed order must be an attachment to the email in Microsoft Word format.
    • Proposed orders shall not be filed through thee-portal for Division 10, Volusia County.
    • Orders on consented to matters which do not need a hearing may be forwarded to the Judge.
27. Seventh Judicial Circuit, PB-2000-001-SC, checked October 16, 2026
    Supporting text

    • Codification of Administrative Orders in the Probate/Guardianship/Mental Health Division
    • DONE AND ORDERED at Daytona Beach, Volusia County, Florida this 4th day of October, 2000.
28. Seventh Judicial Circuit, PB-2009-022-SC, checked October 16, 2026
    Supporting text

    • Adversary Case Style on Probate Pleadings
    • that do not contain the adversary case style described in Fla. Prob. R. 5.025(d) are not authorized by law and shall be returned by the clerk of court to the pleader
    • DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 22nd day of May 2009.
29. Seventh Judicial Circuit, PB-2017-010-SC, checked October 16, 2026
    Supporting text

    • Guardian Advocate Training - Baker Act / Marchman Act
    • The on-line training courses developed by the Department of Children and Families, in conjunction with the Florida Certification Board
    • this 4th day of October, 2000
30. Seventh Judicial Circuit, PB-2019-006-SC, checked October 16, 2026
    Supporting text

    • Guardianship Education Requirements
    • courses provided and taught by the following organizations are approved for use in the Seventh Judicial Circuit
    • this 25th day of February 2019
31. Seventh Judicial Circuit, PB-2022-014-V, checked October 16, 2026
    Supporting text

    • Re: PROBATE FILES
    • The Office of the Clerk of the Circuit Court of Volusia County, shall review all estate files to determine if these cases have been concluded within the case time standards.
    • If the personal representative or attorney fail to comply with the ORDER TO FILE DOCUMENTS, the clerk shall forward the attached
    • this 30 th day of September 2022
32. Seventh Judicial Circuit, PB-2022-018-SC, checked October 16, 2026
    Supporting text

    • Guardianship Examining Committees
    • are qualified to serve as members of guardianship examining committees in the Seventh Judicial Circuit
    • this 30 th day of September 2022
33. Seventh Judicial Circuit, PB-2022-019-SC, checked October 16, 2026
    Supporting text

    • MOTIONS TO COMPEL DISCOVERY IN PROBATE ACTIONS
    • Said written notice must provide 10 days for the opposing party to cure said asserted deficiencies, or such shorter time as may be required by the Court.
    • this 30 th day of September 2022
34. Seventh Judicial Circuit, G-2026-025-SC (A), Circuit Division Assignments, checked October 16, 2026
    Supporting text

    • CIRCUIT DIVISION ASSIGNMENTS
    • Division 10 Judge Linda L. Gaustad
    • ORDERED AND ADJUDGED that the following judicial division assignments become effective January 20, 2026, and remain in effect until further order of the Chief Judge:
    • DONE AND ORDERED in Daytona Beach, Volusia County, Florida, this 7th day of January 2026.
35. Seventh Judicial Circuit, G-2026-040-VL (A), Assignment of Cases in the Circuit Court (Volusia County), checked October 16, 2026
    Supporting text

    • ASSIGNMENT OF CASES IN THE CIRCUIT COURT (Volusia County)
    • All probate, guardianship, incapacity, and trust cases are to be assigned to Division 10.
    • All injunctions for protection against exploitation of vulnerable adults (Section 825.1035, Fla. Stat.) are to be assigned to Division 10.
    • DONE AND ORDERED in Daytona Beach, Volusia County, Florida, this 23rd day of January 2026.
36. Seventh Judicial Circuit, Zoom Tutorial, checked October 16, 2026
    Supporting text

    • In the Seventh Judicial Circuit, some court proceedings are conducted utilizing the virtual platform Zoom
37. Volusia County Property Appraiser, Homestead Exemption, checked October 16, 2026
    Supporting text

    • Applications must be submitted no later than March 1 of the year you wish the exemption to begin.
    • Homeowners applying for the homestead exemption must own and occupy their Volusia County home as their permanent residence prior to January 1st.
    • If title to the property on which you are applying is held in a trust, a copy of the entire Trust Agreement must be submitted, with the application.
    • Homestead exemption DOES NOT automatically transfer.
38. Volusia County Property Appraiser, Widow/Widower Exemption, checked October 16, 2026
    Supporting text

    • The widow/widowers exemption reduces the assessed value of your property by $5,000.
    • Applicant must submit a copy of the death certificate along with an application.
    • If the individual remarries, they are no longer eligible.
    • Application must be submitted by March 1 of the year you wish the exemption to begin.
39. Volusia County Property Appraiser, Office Locations, checked October 16, 2026
    Supporting text

    • 123 West Indiana Avenue, Room 102 DeLand, Florida 32720
    • Phone: (386) 736-5901
    • Holly Hill Office
    • 921 N. Nova Road Holly Hill, Florida 32117
    • Hours: 7:30 a.m. to 5:00 p.m.
40. Volusia County Property Appraiser, home page, checked October 16, 2026
    Supporting text

    • Volusia County Property Appraiser's Office
41. Florida Department of Health in Volusia 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 or through VitalChek®.
    • A legible copy of a valid driver's license, passport, state-issued ID, or military identification card must accompany all requests.
    • You must be a family member or legal representative when requesting cause of death.
    • $8 Death Certificate
    • Florida Department of Health in Volusia County - Vital Statistics 386-274-0614
    • Order death certificates online through VitalChek®, the only vendor authorized by the Florida Department of Health.
42. Florida Department of Health in Volusia County, Daytona Beach Location, checked October 16, 2026
    Supporting text

    • Physical Address: 1845 Holsonback Drive, Daytona Beach, FL 32117
    • Monday 8 a.m. - 4:45 p.m. Tuesday 8 a.m. - 4:45 p.m. Wednesday 8 a.m. - 4:45 p.m. Thursday 8 a.m. - 4:45 p.m. Friday 8 a.m. - 4:45 p.m.