Probate in The Villages
Probate guidance for residents of The Villages and their families.
The Villages spans multiple counties (Sumter, Lake, and Marion), which can complicate the probate process depending on exactly where the decedent resided.
We understand the unique assets often held by residents of The Villages, including golf cart titles, specific community bonds, and out-of-state property ties.
Our firm provides tailored probate services to surviving spouses and out-of-state children managing the estates of residents in The Villages.
Key Benefits
Multi-County Filing
Ability to file in Sumter, Lake, or Marion counties depending on the decedent's address.
Out-of-State Heir Support
Seamless communication and representation for children living outside of Florida.
Community Specifics
Golf cart titles, community bonds and out-of-state property ties are addressed as part of the estate.
Frequently Asked Questions
Which county do we file in?
Probate is filed in the county where the decedent was domiciled (their primary residence) at the time of death.
Can you help sell the house in The Villages?
While we handle the legal transfer of the property, we can also coordinate with local real estate professionals to facilitate a sale if desired by the heirs.
Can I just file the probate at the Clerk's office here in The Villages?
No, and this surprises a lot of people, because there are two Clerk's offices inside The Villages. The Sumter County Clerk's Villages Annex at 8033 E County Road 466 handles passports, marriage licenses, and traffic and court fine payments, and will accept Official Records documents for courier delivery to Bushnell, but it does not take court filings. The Lake County Clerk's North Lake Branch at 902 Avenida Central handles only marriage licenses and passports. A probate case is opened at the main courthouse for the county where the person lived.
How do I find out which county my Villages home is actually in?
The fastest way is to look your address up free on the property appraiser's website for the county you believe you are in. The parcel record will tell you definitively. The Villages spans Lake, Sumter and Marion Counties, so it is worth checking rather than assuming, because two homes on the same side of a village can fall in different counties. Your annual property tax bill and your deed also name the county.
Are Lake, Sumter and Marion different courts?
All three counties sit in the same court system, the Fifth Judicial Circuit, which is made up of Citrus, Hernando, Lake, Marion and Sumter Counties. What changes from county to county is the Clerk you file with and the courthouse where the file lives. Lake County probate is at 550 W. Main Street in Tavares, with a Clerk's main line of (352) 742-4100. Sumter County is at 215 E. McCollum Avenue in Bushnell, at (352) 569-6600. Marion County is at 110 NW First Avenue in Ocala, at (352) 671-5604.
We're snowbirds. Mom spent summers up north. Does her probate happen in Florida?
Florida files a probate case in the county where the person was domiciled, and Florida defines domicile as a person's usual place of dwelling, treating it as the same thing as residence. So the question is not how many months she spent here, it is which home was genuinely hers, which is a factual question. If she was not a Florida resident but owned a home in The Villages, Florida still has a role, because a case may be filed in a county where the property is located. That is typically handled as an ancillary proceeding alongside the probate in her home state.
Our house is in a living trust. Is there anything to file?
Property properly titled in a living trust generally passes under the trust rather than through probate, but Florida still requires a filing. The trustee must file a notice of trust with the court in the county where the person lived, which is the same three-county question as everything else here. Trusts also do not always cover everything, so it is worth checking whether the deed was actually retitled and whether any assets were left outside the trust.
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