Florida Fifth Judicial Circuit Estate Planning & Probate Attorney
Wills, revocable living trusts, powers of attorney, and probate guidance for families across every county in Florida's Fifth Judicial Circuit — prepared under current Florida law and handled by phone, video, or appointment.
Florida's Fifth Judicial Circuit is the trial-court circuit responsible for probate and estate administration in Marion County, Citrus County, Hernando County, Lake County, and Sumter County. Cornerstone Wealth & Legacy Law helps families across the entire circuit prepare wills, revocable living trusts, powers of attorney, and health care directives — and guides them through probate when a loved one passes. Estate planning law is the same statewide, but where your estate is administered is decided at the county level within this circuit.
Counties in the Fifth Judicial Circuit
Each county files probate with its own Clerk of the Circuit Court at the county courthouse. Explore the county you need:
County seats and courthouses in this circuit: Marion County (Ocala); Citrus County (Inverness); Hernando County (Brooksville); Lake County (Tavares); Sumter County (Bushnell).
Probate in the Fifth Judicial Circuit
When a resident of the Fifth Circuit passes away with assets that do not transfer automatically, the estate is administered through the Clerk of the Circuit Court in the county where they lived. Because Florida probate is handled largely through electronic court filing, a personal representative usually does not need to travel to the courthouse — but the process still follows strict statutory deadlines, including the creditor notice period under Florida Statutes Chapter 733. We guide families through both formal administration and summary administration, and, where possible, help them avoid probate entirely with proper planning.
Florida Homestead & Your Home in the Fifth Circuit
For most homeowners in the Fifth Judicial Circuit, the residence is the most valuable — and most legally protected — asset in the estate. Florida's constitutional homestead protection (Art. X, §4 of the Florida Constitution) shields a primary residence from most creditors and restricts how it may be left when you are survived by a spouse or minor child (Fla. Stat. §732.401). Homestead generally passes outside the probate estate, but the title still has to be cleared, often through a petition to determine homestead status. Transferring the home correctly — sometimes with an enhanced life estate ("Lady Bird") deed or a funded revocable trust — is one of the highest-value planning steps a family can take.
Key Florida Statutes for Estates in the Fifth Circuit
Florida estate and probate law is statewide; these are the provisions that most often shape how an estate is planned and administered:
- Fla. Stat. §732.502 — execution of wills: a Florida will must be signed by the testator and attested by at least two witnesses.
- Fla. Stat. §732.901 — the original will must be deposited with the clerk of court within 10 days of learning of the death.
- Fla. Stat. Chapter 732 — intestate succession and the surviving spouse's elective share.
- Fla. Stat. §732.401 & Art. X, §4, Fla. Const. — descent of homestead and its creditor protection.
- Fla. Stat. Chapter 733 — formal administration, including notice to creditors and the claim period under §733.702.
- Fla. Stat. Chapter 735 — summary administration and disposition without administration.
Start Your Estate Plan Online — the Easy Way
Anywhere in the Fifth Circuit, you can put a Florida-valid will, revocable living trust, durable power of attorney, and health care directives in place from home in three simple steps: answer a few questions in our secure online intake, let us prepare your documents under current Florida law (with an Attorney-Guided option reviewed by Arthur Simpson, Esq.), and sign correctly under Florida's witness and notary rules. Start with the Florida Estate Kit, take the free Estate Plan Score quiz, or book a free 20-minute call.
Fifth Judicial Circuit Estate Planning & Probate FAQs
What counties are in Florida's Fifth Judicial Circuit?
Florida's Fifth Judicial Circuit is the trial-court circuit that handles probate and estate administration for Marion County, Citrus County, Hernando County, Lake County, and Sumter County. Each county files probate with its own Clerk of the Circuit Court, but all sit within the Fifth Circuit. Florida estate planning law is uniform statewide.
Where is probate filed in the Fifth Judicial Circuit?
Probate is filed in the county where the decedent lived, with that county's Clerk of the Circuit Court. In the Fifth Judicial Circuit that means Marion County (courthouse in Ocala), Citrus County (courthouse in Inverness), Hernando County (courthouse in Brooksville), Lake County (courthouse in Tavares), and Sumter County (courthouse in Bushnell). Florida probate is largely electronic, so a personal representative usually does not need to appear in person.
Does Cornerstone serve the whole Fifth Judicial Circuit?
Yes. Cornerstone Wealth & Legacy Law serves every county in the Fifth Judicial Circuit — Marion County, Citrus County, Hernando County, Lake County, and Sumter County — by phone, video, and appointment, with in-person meetings available in the Daytona Beach area.
How do I avoid probate in the Fifth Judicial Circuit?
The most reliable way to avoid probate anywhere in the Fifth Judicial Circuit is a properly funded revocable living trust, supported by beneficiary designations, payable-on-death accounts, and appropriate deeds. The trust must be funded by retitling assets into it to keep them out of the county probate court.
How long does probate take in the Fifth Judicial Circuit?
Most formal probate administrations in the Fifth Judicial Circuit take roughly six months to a year, driven largely by Florida's creditor claim period. After the personal representative publishes a notice to creditors, creditors generally have until the later of three months from first publication or 30 days from service to file claims (Fla. Stat. §733.702), subject to a two-year absolute bar (§733.710). Estates that qualify for summary administration are often completed in a few weeks to a couple of months.
What is summary administration, and does my estate qualify?
Summary administration is Florida's streamlined probate process, available when the probate estate — excluding exempt and homestead property — is worth $75,000 or less, or when the decedent has been deceased for more than two years (Fla. Stat. Chapter 735). Many estates in the Fifth Judicial Circuit qualify, especially when most assets passed by trust, beneficiary designation, or joint title. Estates that do not qualify proceed as a formal administration under Chapter 733.
What happens if someone dies without a will in the Fifth Judicial Circuit?
If someone in the Fifth Judicial Circuit dies without a will, Florida's intestate succession statute (Fla. Stat. Chapter 732) decides who inherits. A surviving spouse generally inherits the entire estate when all descendants are shared, but that share changes when there are children from another relationship. Dying without a will also forfeits the ability to name your own personal representative, a guardian for minor children, or a trust for your beneficiaries.
Does Florida have an estate or inheritance tax?
Florida has no state estate tax and no state inheritance tax, so most estates in the Fifth Judicial Circuit owe no death tax at the state level. Only very large estates may owe federal estate tax, which applies above the federal exemption amount. Combined with Florida's homestead protections, the absence of a state estate tax is a key reason careful titling and beneficiary planning matter here.
Plan ahead, anywhere in the Fifth Circuit
Start with a free 20-minute conversation. We'll help you understand what — if anything — needs your attention, with no pressure and no obligation.
Schedule Your Free ConsultationCornerstone Wealth & Legacy Law, PLLC is licensed in the State of Florida and serves clients throughout the state. This page is attorney advertising and general information, not legal advice, and does not create an attorney-client relationship. Estate planning and probate outcomes depend on your individual facts and the proper execution of documents under Florida law.