Florida Probate Court - Alachua County Probate Court
Alachua County Florida, founded in 1824, is county seat to Gainesville, Florida which is also the biggest city in Alachua County. Gainesville is best known as the home of the University of Florida which is the largest University in the Florida State University system and the 2nd largest University in the United States.
The Alachua County Probate Department is located at 201 East University Avenue in Gainesville, Florida, 32601 in the Family/Civil Justice Center with hours of operation from 8:15 a.m. to 5 p.m., Monday through Friday. You can reach the Clerk of the Court at: (352) 374-3636 (voice) or (352) 491-4497 (TDD). You can also view their website at www.alachuacounty.us/government/clerk for additional information not contained in this article. Probate is the procedure whereby you settle a deceased person's estate which includes paying creditors or debts and then distributing the decedent's assets to the correct beneficiaries.
The current Clerk of the Court & Comptroller is J. K. "Buddy" Irby. The Clerk of the Circuit Court is also the County Clerk. His office is located in the County Courthouse at 220 South Main Street, Gainesville, Florida, 32601 with hours of operation from 8:15 a.m. to 5 p.m., Monday through Friday also.
The probate department oversees the payments to creditors and distribution of assets of a deceased person's estate. The distribution of the assets to the heirs is made in accordance the Will, if one exists the estate is considered "testate", or reverts to Florida Probate Law if there is no Will the estate is referred to as "intestate". Florida law requires that the Will of the deceased must be filed with the Clerk of the Circuit Court in the county in which the decedent is a legal resident within 10 days from their date of death. The Personal Representative, or Executor as known in some states does not have to also be a legal resident of that county or even the State of Florida.
Once a Will is determined valid by one of the above Probate Judges, the person appointed Personal Representative, or also known as Executor, is appointed by the Court to proceed through the probate process. In the case of an intestate estate,(no Will), the Judge will appoint the Personal representative according to hierarch. Usually a surviving spouse is the first choice, or in the case of no surviving spouse, or they are unable to serve, then a person, usually a family member but does not necessarily have to be but must be selected by the majority of the other beneficiaries.
Florida Probate Law requires that the Personal Representative who the Court appoints must be represented by an attorney, except in rare cases where the estate is very small (see Florida Statute Section 735.301 for further information). If the Personal Representative is the sole heir of an estate then they must be represented by an attorney. Because the probate process is a complicated one, it is best to consult an attorney for representation so that the assets that each beneficiary inherits will be free and clear from future claims. Call 1-800-PROBATE ext 5 to learn more about the Alachua County Probate Court.
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